SUPPORTING STATEMENT
ALASKA REGION CRAB PERMITS
OMB CONTROL NO. 0648-0514
This request is for extension of a current information collection.
INTRODUCTION
The king and Tanner crab fisheries in the exclusive economic zone of the Bering Sea and Aleutian Islands are managed under the Fishery Management Plan for Bering Sea and Aleutian Islands King and Tanner Crabs (FMP). The North Pacific Fishery Management Council (Council) prepared the FMP under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) as amended in 2006. The National Marine Fisheries Service (NMFS) manages the crab fisheries in the waters off the coast of Alaska under the FMP. Regulations implementing the FMP and all amendments to the Crab Rationalization Program (CR Program) appear at 50 CFR part 680.
The CR Program is a catch share program for nine BSAI crab fisheries that allocates those resources among harvesters, processors, and coastal communities. Under the CR Program, NMFS originally issued QS to eligible harvesters as determined by eligibility criteria and participation in the CR Program fisheries during qualifying years. A harvester’s allocation of QS for a fishery was based on the landings made by his or her vessel in that fishery. Specifically, each allocation was the harvester’s average annual portion of the total qualified catch in a crab fishery during a specific qualifying period. NMFS issued four types of QS: Catcher vessel owner (CVO) QS was assigned to holders of LLP licenses who delivered their catch onshore or to stationary floating crab processors; catcher/processor vessel owner (CPO) QS was assigned to LLP holders that harvested and processed their catch at sea; captains and crew onboard catcher/processor vessels were issued catcher/processor crew (CPC) QS; and captains and crew onboard catcher vessels were issued catcher vessel crew (CVC) QS. CVC and CPC QS are also known as ‘‘crew shares’’ or ‘‘C shares.’’ Each year, a person who holds QS may receive individual fishing quota (IFQ), which is an exclusive harvest privilege for a portion of the annual total allowable catch (TAC). Under the CR Program, QS holders can form cooperatives to pool the harvest of the IFQ on fewer vessels to minimize operational costs and to provide additional flexibility in harvesting operations.
NMFS also issued processor quota share (PQS) under the CR Program. Each year, PQS yields an exclusive privilege to receive (for processing) a portion of the IFQ in each of the nine CR Program crab fisheries. This annual exclusive processing privilege is called individual processing quota (IPQ). A specified portion of IFQ derived from CVO QS must be matched and delivered to a processor with IPQ.
A. JUSTIFICATION
1. Explain the circumstances that make the collection of information necessary.
The Crab Rationalization Program (CR Program) allocates Bering Sea and Aleutian Islands Management Area (BSAI) crab resources among harvesters, processors, and coastal communities. The Council developed the Program over a 6-year period to accommodate the specific dynamics and needs of the BSAI crab fisheries. The CR Program is a limited access system that balances the interests of several groups who depend on these fisheries. The CR Program addresses conservation and management issues associated with the previous derby fishery, reduces bycatch and associated discard mortality, and increases the safety of crab fishermen by ending the race for fish. This request is for extension of a current information collection.
2. Explain how, by whom, how frequently, and for what purpose the information will be used. If the information collected will be disseminated to the public or used to support information that will be disseminated to the public, then explain how the collection complies with all applicable Information Quality Guidelines.
NMFS established the CR Program as a catch share program for nine crab fisheries in the BSAI, and assigned quota share (QS) to persons and processor quota share (PQS) to processors based on their historic participation in one or more of these nine crab fisheries during a specific period. The CR Program components include QS allocation, PQS allocation, individual fishing quota (IFQ) issuance, and individual processing quota (IPQ) issuance, quota transfers, use caps, crab harvesting cooperatives, protections for Gulf of Alaska groundfish fisheries, arbitration system, monitoring, economic data collection, and cost recovery fee collection.
IFQ is the pounds of crab that QS yields each year. It is determined by number of QS units held and the annual crab total allowable catch (TAC) amount. The QS holder or a hired master can fish IFQ, and IFQ may be assigned to a cooperative.
IPQ is the pounds of crab that PQS yields each year. IPQ is needed to receive any amount of crab harvested under a Class A IFQ permit. The amount of IPQ issued every year is equal to the pounds issued as Class A IFQ. Non-individuals holding QS must submit an affidavit on an annual basis, along with the Annual Application for Crab IFQ/IPQ Permit, to attest to whether an affiliation exists between a PQS or IPQ holder and the IFQ recipient.
Each year, a person who holds QS may receive an exclusive harvest privilege (IFQ or IPQ) for a portion of the annual TAC. Under the CR Program, QS holders can form cooperatives to pool the harvest of the IFQ on a few vessels.
Applicants had a one-time closed period in which to apply for and receive harvesting and processing QS or PQS. Holders of QS or PQS apply each year by August 1 for an annual allocation of IFQ or IPQ. As part of that application, IFQ holders can assign their allocation for each fishery to a cooperative. Only persons who were eligible and who applied in a timely manner were issued QS or PQS initially. Under the CR Program, NMFS issued four types of QS.
♦ Catcher vessel owner (CVO) QS -- assigned to holders of License Limitation Program (LLP) licenses who delivered their catch onshore or to stationary floating crab processors
♦ Catcher/processor owner (CPO) QS -- assigned to LLP holders that harvested and processed their catch at sea
♦ Catcher/processor crew (CPC) QS – issued to captains and crew onboard catcher/processors
♦ Catcher vessel crew (CVC) QS – issued to captains and crew onboard catcher vessels
The CR Program seeks to ensure that communities that were historically active as processing ports continue to receive socioeconomic benefits from crab deliveries. To accomplish this, the CR Program imposes regional delivery requirements, and, for the Western Aleutian Islands golden king crab fishery, allocates 10 percent of the TAC to the Adak community. The specific geographic regions are based on historic geographic delivery and processing patterns.
a. Application for annual crab IFQ permit [no change]
NMFS issues annual crab IFQ permits to eligible persons who hold quota share (QS). IFQ permits are issued for a combination of fishery harvesting sector, region, and class and may bear multiple fisheries. An IFQ permit authorizes the holders to harvest a specific amount of a crab, under the terms and conditions set out on the permit.
An IFQ permit is valid only during the crab year for which it is issued. Because issuance of the correct amount and type of IFQ is entirely dependent on information provided by QS holders on their annual applications, an application must be received by NMFS no later than June 1.
A cooperative must submit the names of each cooperative member, and the cooperative members are responsible for submitting a signed application for an annual crab IFQ permit.
By mail to: NMFS Alaska Region
Restricted Access Management (RAM)
P.O. Box 21668
Juneau, AK 99802-1668
By delivery to: Room 713, Federal Building
709 West 9th Street
Juneau, AK 99801
Or, by fax to: 907-586-7354
NMFS will issue an annual crab IFQ permit only if a person has applied by the stated deadline and paid any fees owed (including Capacity Reduction [Buyback] and Cost Recovery fees), if any, and if there are no other impediments to issuing the permits.
Deadline: June 15. Applications received after June 15 may not be processed and IFQ may not be issued to the applicant.
Applicants for a CVC or CPC IFQ Permit must complete Block D and provide evidence demonstrating participation for all “YES” answers, even if they are currently in, or have in the past joined, a crab harvesting cooperative.
If Applicant has joined a crab harvesting cooperative, applicant must ensure that they are listed on the cooperative’s application(s) for annual crab harvesting cooperative IFQ permit.
Application for annual crab IFQ permit
Block A – Applicant information
Name and NMFS Person ID
Business mailing address, check permanent or temporary
Business telephone number, business fax number and business e-mail address
Block B – Type of Annual IFQ for which Application Is Made
Mark blocks to indicate IFQ fisheries applying for
If applicant intends to join a cooperative, complete Block C
Block C –Cooperative IFQ Assignment
To be completed if some or all of applicant’s IFQ is to be assigned to a crab harvesting cooperative
Enter the name of the cooperative(s) for each crab IFQ fishery
If Applicant has joined the same crab harvesting cooperative for all crab fisheries, list the cooperative name
in the row named ALL QS FISHERIES
Block D – CVC/CPC QS Holder Statement of Participation
Indicate if applicant participated in at least one delivery of crab in any CR crab fishery during the crab
fishing year immediately preceding the crab fishing year for which you are applying
If YES, attach acceptable evidence demonstrating this participation
. If applicant was an initial recipient of CVC or CPC QS, did he/she participate in a State of Alaska or Alaska Federal commercial fisheries during the crab fishing year immediately preceding the crab fishing year for which you are applying?
IF YES, attach acceptable evidence demonstrating this participation
Acceptable Evidence of Active Participation is required for any “YES” answer. Acceptable evidence includes:
♦ an ADF&G fish ticket signed by an applicant and imprinted with the applicant’s CFEC permit card,
♦ an affidavit indicating date of landing of crab species from the owner of a vessel upon which fishing was
done, or
♦ a signed receipt for an IFQ crab landing on which the applicant was serving as a hired master for an IFQ
permit holder.
Note: Starting July 1, 2019, and each crab fishing year thereafter, NMFS will initiate proceedings to revoke all CVC or CPC QS held by an individual who does not meet the above participation requirements for 4 consecutive crab fishing years.
Block E--Identification of ownership interests
To be completed if applicant is not an individual (i.e. is a corporation, partnership or some other entity)
Enter the name(s) of all owners of the Applicant and the percent of ownership
If a listed owner is not an individual, provide the same information for each such owner until all owners,
and their percent of ownership, are revealed to the individual level
Block F – Declaration of Affiliation
Check whether applicant is affiliated or not affiliated with any entity that holds PQS or IPQ
If YES, identify all holders of PQS or IPQ with which it is affiliated. Provide the
name, business address, and business telephone number
Block G – Applicant signature
Printed name and signature of applicant and date signed
If completed by an authorized representative, attach authorization
Changed number of respondents from 191 to 498 to reflect current numbers.
Application for annual Crab IFQ permit, Respondent |
|
Number of respondents Total annual responses Frequency of response = 1 Total burden hours Time per response = 150 minutes Total personnel cost ($37/hr x 1245) Total miscellaneous costs ($538.44) Postage (.49 x 336 = $164.64) Photocopy (2pp x .05 x 498 = $49.80) Fax ($6 x 164 = $984 |
498 498
1,245 hr
$40,065 $1198
|
Application for Crab IFQ permit, Federal Government |
|
Number of responses Total burden hours (124.5) Time per response = 15 min Total personnel costs ($37/hr x 125) Total miscellaneous costs |
498 125 hr
$4,625 0 |
b. Application for crab Individual Processing Quota (IPQ) [no change]
NMFS issues annual IPQ permits to eligible persons who hold PQS. IPQ permits are issued for combinations of fishery, region, and Right of First Refusal (ROFR) community. An IPQ permit authorizes its holders to process a specific amount of a crab, under the terms and conditions set out on the permit.
An IPQ permit is valid only during the crab year for which it is issued. Because issuance of the correct amount and type of IPQ is entirely dependent on information provided by PQS holders on their annual applications, an application must be received by NMFS no later than June 15.
The IPQ permit may be submitted by mail, by fax, by courier, or online.
NMFS may issue annual permits for the CR Program only if a person has applied timely and paid any fees owed (including Capacity Reduction [Buyback] and Cost Recovery fees) (see OMB 0648-0398), if any, and if there are no other impediments to issuing the permits.
Application for annual crab IPQ permit
Block A – Applicant information
Name and NMFS Person ID
Business mailing address; indicate permanent or temporary
Business telephone number, business fax number and business e-mail address
Block B – Type of Annual IPQ for which Application Is Made
Indicate the type of annual IPQ requested
If selecting fisheries, check those boxes that apply
If selecting all fisheries, check the ALL FISHERIES box
Block C--Identification of ownership interests
To be completed if applicant is not an individual (i.e. is a corporation, partnership or some other entity)
Enter the name(s) of all owners of the Applicant and the percent of ownership
If a listed owner is not an individual, provide the same information for each such owner until all owners,
and their percent of ownership, is revealed to the individual level
Block D – ROFR Contract
Indicate if any of the PQS you hold subject to ROFR is associated with an eligible crab community (ECC)
If YES, provide the name of the ECC entity associated with the PQS
If YES, indicate whether the PQS holder and associated ECC identified above have in place at the time of this application, a current ROFR contract that includes all of the ROFR contract terms specified in specified in Chapter 11 section 3.4.4.1.2 of the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs
Block E – Applicant signature
Printed name and signature of applicant and date signed
If completed by an authorized representative, attach authorization
Changed number of respondents from 105 to 29 to reflect current numbers.
Application for Crab IPQ permit, Respondent |
|
Number of respondents Total annual responses Frequency of response = 1 Total burden hours Time per response = 2 hr Total personnel costs ($37/hr x 58) Total miscellaneous costs ($28.13) Annual postage ($0.49 x 27 = $13.23) Annual fax ($6 x 2 = $12) Photocopy (2pp x $0.05 x 29 = $2.90 |
29 29
58 hrs
$2,146 $28
|
Application for Crab IPQ permit, Federal Government |
|
Number of responses Total burden hours (7.25) Time per response = 15 min. Total personnel costs ($37/hr x 7) Total miscellaneous costs |
29 7 hrs
$259 0 |
c. Application for annual crab harvesting cooperative IFQ permit [no change]
A crab harvesting cooperative IFQ permit is an annual permit issued to a crab harvesting cooperative. This permit establishes an annual catch limit of crab that is based on the collective QS holdings of the members who contributed to the crab harvesting cooperative. (See http://alaskafisheries.noaa.gov/ram/daily/coopcontacts.pdf for list of cooperatives)
A completed application for an annual crab harvesting cooperative IFQ permit must be submitted annually by each crab harvesting cooperative and received by NMFS no later than June 15. Each member of the crab harvesting cooperative must be listed in Block B. Each member of the crab harvesting cooperative is responsible for submitting an Annual Crab Individual Fishing Quota (IFQ) Permit application to NMFS no later than June 15.
If a complete application is not received by NMFS by this date, or postmarked by this date, the crab harvesting cooperative will not receive IFQ for the upcoming crab fishing year. In the event that NMFS has not received a complete and timely application by June 15, NMFS will presume that the application was timely filed if the applicant can provide NMFS with proof of timely filing.
Application for annual crab harvesting cooperative IFQ permit
Block A – Identification of Cooperative
Name of Cooperative
Business Mailing Address of Cooperative
Business Mailing Address of Designated Representative (if different from Cooperative Business Mailing)
Type of business entity
State in which the cooperative is legally registered as a business entity
Business Telephone Number
Business Fax Number
Business E-mail Address
Name and signature of Designated Representative
Date Signed
Block B – Members of The Cooperative
Name of QS Holder
NMFS Person ID
Attachments
A copy of the Cooperative’s business license
A copy of the Cooperative’s Articles of Incorporation or Partnership Agreement; and
A copy of the Cooperative Agreement (if different from Articles)
Changed number of respondents from 10 to 9 to reflect current numbers.
Application for Annual Crab Harvesting Cooperative IFQ Permit, Respondent |
|
Total annual respondents Total annual responses Frequency of response = 1 Total burden hours Time per response = 15 hr Total personnel costs ($37/hr x 135) Total miscellaneous cost (10.50) Postage (.49 x 8 = 3.92) Photocopy (2pp x .05 x 9 = 0.90) Fax ($6 x 1 = $6) |
9 9
135 hr
$4,995 $11
|
Application for Annual Crab Harvesting Cooperative IFQ Permit, Federal Government |
|
Total annual responses Total burden hours (4.5 hours) Time per response = 30 minutes Total personnel costs ($37/hr x 5) Total miscellaneous costs |
9 5 hrs
$185 0 |
d. Application for Registered Crab Receiver (RCR) Permit [no changes]
NMFS requires an annual Registered Crab Receiver (RCR) permit for any person receiving CR crab or unprocessed crab from the harvester, the owner/operator of a vessel that processes crab at sea, any person holding IPQ, and any person required to submit a departure report. In addition, an RCR permit is required for each shore facility or stationary floating processor at which a person receives crab. Only one permit (and one application) is needed for an application with one or more catcher/processors.
The applicant must submit all required Economic Data Reports and pay all outstanding fee obligations before NMFS will issue a new, revised, or renewed permit.
Application for Registered Crab Receiver (RCR) permit
Block A – Nature of the RCR for which you are applying
Indicate whether requesting new RCR permit, renewal of existing RCR Permit, or amendment to existing
RCR Permit
If application is a renewal or an amended application, provide current RCR permit number
Block B – Applicant identification
Name and NMFS Person ID
Name of contact person for the applicant, if a company, partnership, or other business entity
Permanent business mailing address
Business telephone number, business fax number, and business e-mail address (if available);
Block C – Type of activity (facility or vessel identification)
Select type of RCR operation
Identity of Crab Receiver Operation
If a shoreside processor
Name
Physical Location
If a stationary floating crab processor
Name of Vessel
ADF&G vessel registration number
United States Coast Guard (USCG) documentation number
Block D – Individual responsible for submission of crab EDR
Name of designated representative
Business mailing address
Business telephone number, business fax number, and business e-mail address (if available)
Block E – Applicant Signature
Printed name and signature of applicant and date signed.
If completed by an authorized representative, attach proof of authorization
Changed number of respondents from 72 to 53 to agree with existing numbers of permits.
Application for RCR permit, Respondent |
|
Number of respondents Total annual responses Frequency of response = 1 Total burden hours (26.5 hours) Time per response = 30 min Total personnel costs ($37 x 27) Total miscellaneous costs (130.45) Postage (0.49 x 35 = 17.15) Fax ($6 x 18 = $108) Photocopy (2pp x .05 x 53 = 5.30) |
53 53
27 hr
$999 $130
|
Application for RCR permit, Federal Government |
|
Number of responses Total burden hours (13.25 hrs) Time per response = 15 min Total personnel costs ($37 x 13) Total miscellaneous costs |
53 13
$481 0 |
e. Application for Crab IFQ Hired Master (skipper) Permit [no change]
Cooperatives and non-individual IFQ permitholders must hire a master to fish their IFQ. Individual persons may hire a master for owner permits but must fish crew permits themselves. Both Hired Masters and IFQ permitholders use a vessel on a given trip, and both may participate in the same landing. Hiring a master requires that the IFQ permit-holder maintains at least a 10 percent interest in the vessel to be fished by the Hired Master; in the case of a cooperative, that requirement may be satisfied by any member. Hired Masters are licensed by year and authorized to fish by IFQ permit, not fishery.
This application is submitted annually by IFQ permit holders, including cooperatives, to authorize an IFQ Hired Master to fish their IFQ. It may also be used to delete such authorization. This permit authorizes the individual identified on the permit to harvest and land IFQ crab for debit against a specified crab IFQ permit. A separate form must be submitted for each vessel upon which the applicant’s IFQ permit(s) is to be fished by the hired master(s).
Application for crab IFQ hired master permit
Block A – Purpose of application
Indicate whether applying to add or delete a hired master
Crab IFQ permit(s) for which this authorization applies
Block B – IFQ permit holder (applicant) information
Name and NMFS person ID of IFQ permit holder
Name and NMFS person ID of cooperative, if applicable
Name of cooperative’s authorized representative, if applicable
Business mailing address; indicate whether permanent or temporary
Business telephone number, fax number and e-mail address (if available)
Block C – Vessel upon which crab IFQ will be harvested
Vessel name, ADF&G vessel registration number, and USCG documentation number
If an IFQ permit holder, indicate whether hold an ownership interest of at least 10% in the named vessel
If YES, enter name of that member and attach USCG Abstract of Title or Certificate of Documentation
If a Crab Harvesting Cooperative, indicate whether a member holds an ownership interest of at
least 10% in the named vessel
Enter name of that member
Attach a contemporary USCG Abstract of Title or Certificate of Documentation
Block D – Identification of IFQ hired master
Name and NMFS person ID of hired master
Business mailing address; indicate whether permanent or temporary
Business telephone number, business fax number, and business e-mail address (if available)
Block E – Applicant signature
Printed name and signature of applicant and date signed
If authorized representative, attach authorization
Changed number of respondents to agree with current numbers, from 1,614 to 69.
Application for crab IFQ hired master, Respondent |
|
Number of respondents Total annual responses Frequency of response = 1 Total burden hours Time per response = 1 hr Total personnel cost ($37 x 69) Total miscellaneous costs (156.42) Postage (.49 x 48 = 23.52) Photocopy (2pp x .05 x 69 = 6.90 Fax ($6 x 21 = 126) |
69 69
69 hr
$2,553 $156
|
Application for crab IFQ hired master, Federal Government |
|
Number of responses Total burden hours (17.25) Time per response 15 min Total personnel costs ($37 x 17) |
69 17 hr
$629 0 |
f. Application for Federal crab vessel permit (FCVP) [no changes]
NMFS issues Federal Crab Vessel Permit (FCVP) annually for a crab fishing year (July 1 through June 30). All vessels participating in the CR crab fisheries must have a valid FCVP on board at all times. CR crab includes IFQ/IPQ fisheries; CDQ fisheries except Norton Sound king crab; and the golden king crab allocation to Adak. Operation type endorsements for the FCVP are: SFP; catcher/processor; and catcher vessel.
A person issued a FCVP must use the Vessel Monitoring System (VMS) (OMB 0648-0445) and logbook reporting (OMB 0648-0213 or -0515). In addition, a crab Economic Data Report (OMB 0648-0518) is required from any owner or leaseholder of a vessel or processing plant that harvested or processed crab in specified CR Program crab fisheries during the prior calendar year.
Also, for the FCVP to be issued, all fees required by NMFS must be paid. All CR allocation holders and RCR permit holders are subject to a fee liability for any CR crab debited from a CR allocation during a crab fishing year, except for crab designated as personal use or deadloss, or crab confiscated by NMFS or the State of Alaska.
If a change occurs in the permit information, the FCVP holder must submit an amended FCVP application within 10 days of the date of change.
Application for Federal crab vessel permit (FCVP)
Block A--Nature of application
Indicate whether requesting a new permit, an amended permit, or a renewal
If an amendment or renewal, provide current FCVP number
If a new permit (or amends an existing permit by changing the owner(s), attach a copy of the
USCG Abstract of Title or the Certificate of Documentation
Block B -- Vessel Information
Vessel name
ADF&G vessel registration number
ADF&G Processor Code (if any)
USCG Documentation number
Home port (city and state)
Must be a vessel of the United States
Vessel's length overall (LOA) in feet and registered length in feet
Gross tonnage (U.S. tons) and net tonnage (U.S. tons)
Shaft horsepower
Type of Vessel Operation
Block C – Vessel Owner Information
Primary owner’s name
Primary owner’s business permanent mailing address
Contact owner’s temporary business mailing address (if any)
Business telephone number, business fax number, and business e-mail address (if available)
Name of managing company (if any)
Block C1 – Additional Vessel Owner Information
Complete for each Vessel Owner
Name of additional owner
Business telephone number, business fax number, and business e-mail address (if available)
Block D – Designated Representative for EDR
Name
Business mailing address
Business telephone number, business fax number, and business e-mail address (if available)
Block E – Certification
Printed name and signature of applicant and date signed.
If completed by representative, attach authorization
Changed number of respondents from 72 to 103, based on current numbers.
Application for Federal crab vessel permit, Respondent |
|
Number of respondents Total annual responses Frequency of response = 1 Total burden hours (36.05) Time per response = 21 min Total personnel costs ($37 x 36) Total miscellaneous costs (137.91) Postage (0.49 x 89 = 43.61) Fax ($6 x 14 = 84) Photocopy (0.05 x 2pp x 103 = 10.30) |
103 103
36 hr
$1332 $138
|
Application for Federal crab vessel permit, Federal Government |
|
Number of responses Total burden hours (51.5) Time per response = 30 min Total personnel costs ($37 x 52) Total miscellaneous costs |
103 52 hr
$1,924 0 |
g. Application to transfer crab QS [no changes]
The CR Program allows for transfer of all or part of a person’s QS to persons qualified to receive QS by transfer. This application to transfer QS will not be processed between June 15 of any year and the date of issuance of the IFQ in the CR Program fisheries.
This application will not be processed or approved unless it is complete. In addition to providing the information required in the application, a copy of the terms and conditions of the transfer agreement must be attached. Such documentation may consist of a bill of sale, promissory note, or other document(s) that reveal the contractual terms between the parties.
An application for transfer of QS may be submitted to NMFS only by mail or courier because the application requires an original signature and notary.
Application to transfer crab QS
Block A -- Type of Transfer
Indicate type(s) of quota for which a transfer is requested
If CVC or CPC QS transfer
Attach proof of at least one delivery of a crab species in any CR crab fishery in the 365 days prior to submission to NMFS of this application
Proof of this landing is:
Applicant signature on an Alaska Department of Fish and Game (ADF&G) Fish Ticket or
An affidavit from the vessel owner attesting to that individual’s participation as a member of a fish harvesting crew on board a vessel during a landing of a crab QS species within the 365 days prior to submission of this application
Block B – Identification of Transferor (Seller)
Name and NMFS Person ID of transferor
Business mailing address (indicate permanent or temporary)
Business telephone number, business fax number, and business e-mail address
Indicate whether transferor submitted an EDR, if required to do so by § 680.6
Indicate whether transferor has paid all fees (see § 680.44)
Block C -- Identification of Transferee
Name and NMFS Person ID of transferee
Business mailing address (indicate permanent or temporary)
Business telephone number, business fax number, and business e-mail address
Indicate whether transferor submitted an EDR, if required to do so by § 680.6
Indicate whether transferee has paid all fees (see § 680.44)
Block D -- Eligibility of Transferee
Different eligibility standards pertain to a transferee depending on the type of harvesting QS that
is being transferred,
Is transferee applying to receive CVO or CPO QS (with or without IFQ)
If YES, is the transferee an eligible recipient of QS or IFQ
If NO, an Application for BSAI Crab Eligibility to Receive QS/PQS or IFQ/IPQ by Transfer must be completed, submitted, and approved before this Application for Transfer of QS 1can be approved.
Block E -- Identification and Cost of Quota to be Transferred
Identification of QS from Report of Quota Holdings
Fishery, sector, region,
Beginning serial number, ending serial number, number of QS units
Note: If transfer of CPO quota, complete following questions
Are any current year IFQ Pounds to transfer with the QS
If YES, complete the following
Permit number
Class (A or B)
Pounds
Indicate how the CPO QS is to be designated after the transfer
If transferring CPO QS to be designated as CVO QS, indicate one region for the fishery
Total price of the QS, including all fees and other transaction costs
Price per unit of QS
Block F1 -- Survey questions for transferor
Indicate reason proposing to transfer the Quota (check all reasons that apply)
Describe “Hardship” or “Other” reason (if applicable)
If a Permit Broker is being used for this transaction
Indicate price paid in broker fees or percentage of total price of quota
Block F2 -- Survey Questions For Transferee
If the quota to be transferred is to be used as collateral for a loan, identify party with an interest in the quota
Indicate primary source of financing for quota to be transferred
Explain “Other” source of financing (if applicable)
Describe how the Quota was located (check all sources that apply)
Describe relationship, if any, between the Transferor and the Transferee
Describe “Other” Relationship (if applicable)
Block G -- Certification of Transferor
Printed name and signature of transferor and date signed
If authorized representative, attach authorization.
Signature of notary public, date commission expires, and notary seal or stamp.
Block H -- Certification of Transferee
Printed name and signature of transferee and date signed
If authorized representative, attach authorization
Signature of notary public, date commission expires, and notary seal or stamp
Attachments
Attach a copy of the terms and conditions of the transfer agreement, e.g., bill of sale, promissory note, or other
document) that reveals the contract terms between the parties
Changed number of respondents from 126 to 65, based on current numbers.
Application to transfer crab QS, Respondent |
|
Estimated number of respondents Total annual responses Number of transferors = 65 x 1 Number of receivers = 65 x 1 Total Time burden Time per response = 2 hrs Total personnel cost ($37 hrs x 260) Total miscellaneous cost (856.70) Notary ($6 x 130 = 780) Postage (0.49 x 130 = 63.70) Photocopy (0.05 x 2pp x 130 = 13.00) |
130 130
260 hrs
$9,620 $857 |
Application to transfer crab QS, Federal Government |
|
Total annual responses Total Time burden Time per response (30 mins) Total personnel cost ($37/hrs x 65) Total miscellaneous cost |
130 65 hrs
$2,405 0 |
h. Application to transfer crab PQS [no changes]
The CR Program allows for transfer of all or part of a person’s PQS to persons qualified to receive PQS by transfer. Transfers may occur anytime except from June 15 until IPQ is issued for a fishery. This application to transfer PQS will not be processed between June 15 of any year and the date of issuance of the IPQ in the CR Program fisheries.
This application will not be processed or approved unless it is complete. In addition to providing the information required in the application, a copy of the terms and conditions of the transfer agreement must be attached. Such documentation may consist of a bill of sale, promissory note, or other document(s) that reveal the contractual terms between the parties.
If requesting transfer of PQS for use outside an ECC that has designated an entity to represent it in exercise of ROFR under § 680.41(l), the Regional Administrator will not act upon the application for a period of 10 days. At the end of that time period, the application will be approved pending meeting the criteria set forth in § 680.41(i).
An application for transfer of PQS may be submitted to NMFS only by mail or courier because the application requires an original signature and notary.
Application for transfer of crab PQS
Block A -- Type of Transfer
Is any of the PQS being transferred subject to a ROFR
If NO, proceed to Block B
If YES, answer the remaining questions in Block A
With regard to the transfer of PQS subject to ROFR, will the PQS subject to ROFR be used within the Eligible Crab Community (ECC) with which the PQS is currently associated?
If YES, provide the name of the ECC entity that has the ROFR on the PQS
And attach an affidavit from the transferee (buyer) and the ECC entity certifying that (1) the buyer has completed a ROFR contract with the ECC entity identified above that includes the ROFR contract terms specified in Chapter 11 section 3.4.4.1.2 of the FMP for BSAI King and Tanner Crabs or
(2) the ECC entity wishes to permanently waive ROFR for the PQS.
With regard to the transfer of PQS subject to ROFR, will the PQS subject to ROFR be used outside the Crab ECC with which the PQS is currently associated?
If YES, provide the name of the ECC entity that has the ROFR on the PQS:
And attach:
(1) an affidavit from the transferor (seller) certifying that the seller notified the ECC entity identified above of the transfer at least 90 days prior to the date of this application and that the ECC entity did not exercise its ROFR during that period; and
(2) an affidavit from the transferee (buyer) certifying that the buyer has completed a ROFR contract that includes the ROFR contract terms specified in Chapter 11 section 3.4.4.1.2 of the FMP for BSAI King and Tanner Crabs with either the ECC entity identified above or an ECC entity eligible to hold a ROFR under § 680.41(l) in the region in which the IPQ must be landed. The affidavit must name the EEC entity that now holds the ROFR.
Block B -- Identification of Transferor
Name and NMFS Person ID of transferor
Business mailing address (indicate whether permanent or temporary)
Business telephone number, business fax number, and business e-mail address
Has transferor submitted an EDR, if required to do so by § 680.6
Indicate whether transferor has paid all fees (see § 680.44)
Block C -- Identification of Transferee
Name and NMFS Person ID of transferee
Business mailing address (indicate whether permanent or temporary)
Business telephone number, business fax number, and business e-mail address
Has transferor submitted an EDR, if required to do so by § 680.6
Indicate whether transferee has paid all fees (see § 680.44)
Block D -- Identification and Cost of Quota to be Transferred
Fishery, sector, region, beginning serial number, ending serial number, number of QS units
If any current year IPQ Pounds are to transfer with the PQS,
Permit number
Pounds
Total price of the PQS, including all fees and other transaction costs
Price per unit of PQS
Block E1 -- Survey questions for transferor
Why are you proposing to transfer the Quota (check all reasons that apply)
Describe “Other” reason (if applicable)
If a Permit Broker is being used for this transaction
Indicate price paid in broker fees or percentage of total price of quota
Block E2 -- Survey Questions For Transferee
If the quota to be transferred is to be used as collateral for a loan, identify party with an interest in the quota
Indicate your primary source of financing for quota to be transferred
Explain “Other” source of financing
How was the Quota located (check all sources that apply)
What is the relationship, if any, between the Transferor and the Transferee
Describe “Other” Relationship
Block F-- Certification of Transferor
Printed name and signature of transferor and date signed
If authorized representative, attach authorization.
Signature of notary public, date commission expires, and notary seal or stamp.
Block G -- Certification of Transferee
Printed name and signature of transferee and date signed
If authorized representative, attach authorization
Signature of notary public, date commission expires, and notary seal or stamp
Attachments
Attach a copy of the terms and conditions of the transfer agreement, e.g., bill of sale, promissory note, or
other document) that reveals the contract terms between the parties
Application to transfer crab PQS, Respondent |
|
Estimated number of respondents Total annual responses Number of transferors = 29 x 1 Number of receivers = 29 x 1 Total Time burden Time per response = 2 hrs Total personnel cost ($37 hrs x 116) Total miscellaneous cost (382.22) Notary ($6 x 58 = 348) Postage (0.49 x 58 = 28.42) Photocopy (0.05 x 2pp x 58 = 5.80) |
58 58
116 hrs
$4,292 $382 |
Application to transfer crab PQS, Federal Government |
|
Total annual responses Total Time burden Time per response (30 mins) Total personnel cost ($37/hrs x 29) Total miscellaneous cost |
58 29 hrs
$1,073 0 |
i. Application for transfer (lease) of crab IFQ [no changes]
A crab IFQ permit holder may transfer all or part of his or her IFQ to another crab IFQ permit holder. The lease of crab IFQ from one individual to another for the current crab fishing year currently is authorized only for Catcher Vessel Crew (CVC) and/or Catcher/Processor Crew (CPC) due to a hardship). In addition, applications to transfer (lease) annual IFQ will not be processed between June 1 of any year and the date of issuance of the IFQ in a CR Program.
An application for IFQ transfer may be submitted to NMFS by U.S. mail, by fax, or hand delivery.
Application for transfer of crab IFQ
Block A – Type of Transfer
If this is a CVC or CPC IFQ transfer, attach proof of at least one delivery of a crab species in any
CR crab fishery in the 365 days prior to submission to NMFS of this application.
Proof of a landing:
Applicant signature on an ADF&G fish ticket
An affidavit from the vessel owner attesting to that individual’s participation as a member of a fish
harvesting crew onboard a vessel during a landing of a crab QS species within the 365 days prior
to submission of this application
If NO, Stop here. This form used only to transfer CVC/CPC IFQ
If this is a CVC or CPC IFQ transfer due to a hardship (see § 680.41(e)(3))
Indicate type of hardship and attach documentation
Medical condition of QS holder
Medical condition involving an individual who requires a QS holder’s care
Total or constructive physical loss of a vessel
If NO, Stop here. CVC/CPC IFQ can only be transferred as a result of a hardship
Block B – Identification of transferor
Name and NMFS Person ID
Date of birth if an individual; date of incorporation if a non-individual entity
Permanent and temporary business mailing address
Business telephone number, fax number, and e-mail address (if available)
Indicate whether transferor submitted an EDR (see §680.6)
Indicate whether transferor paid all fees (see §680.44)
Block C – Identification of transferee
Name and NMFS Person ID
Date of birth if an individual; date of incorporation if a non-individual entity
Permanent and temporary business mailing address
Business telephone number, fax number, and e-mail address (if available)
Indicate whether transferee submitted an EDR (see §680.6)
Indicate whether transferee paid all fees (see §680.44)
Block D -- Identification o IFQ to be transferred (leased)
Permit Number
Crab fishery
Sector
Region
IFQ Class (Class A, B, R, or U)
Pounds
Block E – Certification of transferor
Printed name and signature of transferor and date signed
If authorized representative, attach authorization to the application
Block F – Certification of transferee
Printed name and signature of transferee and date signed
If authorized representative, attach authorization to the application
Application for transfer of crab IFQ, Respondent |
|
Number of respondents Total annual responses Frequency of response = 1 Total burden hours Time per response = 2 hr Total personnel costs ($37 x 20) Total miscellaneous costs ($30.40) Postage ($0.90 x 6 = $5.40) Fax ($6 x 4 = $24) Photocopy (2pp x 0.05 x 10 = $1) |
10 10
20 hrs
$740 $30
|
Application for transfer of crab IFQ, Federal Government |
|
Number of responses Total burden hours (2.5) Time per response = 15 min Total personnel cost ($37 x 3) Total miscellaneous costs |
10 3 hrs
$111 0 |
j. Application for Transfer of IFQ between Crab Harvesting Cooperatives
[no changes]
A crab harvesting cooperative is formed for the purpose of applying for and fishing under a crab harvesting cooperative IFQ permit and is permitted to transfer its IFQ only to another crab harvesting cooperative. Once a cooperative has an IFQ permit, the members of that cooperative cannot transfer away IFQ, because they hold no IFQ of their own. When a QS holder joins a cooperative, all of his or her QS are converted to cooperative IFQ that is held in common by the cooperative. Only the cooperative may transfer cooperative IFQ following the requirements for the transfer of cooperative IFQ. A person who joins a crab-harvesting cooperative assigns his or her IFQ to the cooperative at the beginning of the crab-fishing year. In this case, all IFQ pounds appear on the annual IFQ permit issued to the cooperative.
Application for Transfer of IFQ Between Crab Harvesting Cooperatives
Block A – Identification of Transferor (Lessor)
Name and NMFS Person ID of Transferor
Date of incorporation
Name of Transferor’s representative
Permanent and temporary business mailing address
Business telephone number, business fax number, and business e-mail address
Block B – Identification of Transferee (Lessee)
Name and NMFS Person ID of Transferee
Date of incorporation
Name of Transferee’s representative
Permanent and temporary business mailing address
Business telephone number, business fax number, and business e-mail address
Block C1 – Signature of Transferor
Printed name and signature of transferor and date signed.
If authorized representative, attach authorization
Block C2 – Signature of Transferee
Printed name and signature of transferee and date signed
If authorized representative, attach authorization
Block D1 – Identification of IFQ to be Transferred (Lease) to Cooperative Members
(to be completed by Transferor)
Permit Number
Fishery and sector
Region Class (A, B, R, or U)
IFQ Pounds
Block D2 – Identification of Cooperative’s Member(s)
(to be completed by Transferee)
Name and NMFS Person ID of Qualifying Member
Amount of IFQ
Changed personnel costs from $25 to $37/hr.
Application for Inter-cooperative Transfer, Respondent |
|
Number of respondents Total annual responses Total burden hours (14.7) Time/paper response = 10 min x 10= 1.67 hrs Time/online response = 5 min x 155 = 12.92 hrs Total personnel costs ($37 x 33) Total miscellaneous costs (36.34) Online ($0 x 155 = 0) Postage ($0.98 x 8= 7.84) Fax ($6 x 2= 12) Photocopy (2pp x $0.05 x 165 = $16.50) |
9 165 14 hrs
$1,221 $36 |
Application for Inter-cooperative Transfer, Federal Government |
|
Number of responses Total burden hours (2.5) Time/paper response = 15 min x 10 = 2.5 Time/online response = 0 x 155 Total personnel costs ($37 x 3) Total miscellaneous costs |
165 3 hrs
$111 0 |
k. Application for Transfer (Lease) of Crab IPQ [no changes]
This application may be used by a crab IPQ permit holder to apply for a transfer of all or part of its IPQ to another crab IPQ permit holder for the current crab fishing year.
This application cannot be processed or approved unless both parties to the proposed transfer have met all the requirements and conditions of the CR Program, including payment of all outstanding fees to NMFS on or before July 31. NMFS will notify the transferor and transferee once the application has been received and approved. A transfer of IPQ is not effective until approved by NMFS.
This application will not be processed between June 15 of any year and the date of issuance of the IPQ in a CR Program fishery.
A PQS holder must notify the ROFR holder of the location where the IPQ are processed.
An application for IPQ transfer may be submitted to NMFS by mail, fax, hand delivery, or online at https://www.alaskafisheries.noaa.gov.
Application for transfer of crab IPQ
Block A -- Type of transfer
Will this transfer of IPQ be used within the Eligible Crab Community (ECC) with which the IPQ is currently associated
If YES, provide the name of the current ECC that has the ROFR
Will this transfer of IPQ be used outside an ECC with which the IPQ is currently associated
Was the ECC associated with the IPQ provided notice of the transfer 90 days prior to the date of this application
If YES, select whether
associated ECC chose not to exercise its right and therefore, permanently waive ROFR for the PQS or
new PQS holder (transferee) has entered into a new ROFR agreement with the associated ECC that
includes the terms enacted under section 313(j) of the Magnuson-Stevens Act and referenced
under § 680.40(f)(3).
Block B -- Identification of transferor
Non-electronic submittal
Transferor’s name and NMFS Person ID
Date of incorporation
Permanent business mailing address
Temporary business mailing address (optional)
Business telephone number, business fax number, and business e-mail address
Indicate whether transferor has paid all fees (see § 680.44)
Electronic submittal
Transferor’s name and NMFS Person ID
Transfer Key
Block C -- Identification of transferee
Non-electronic submittal
Transferor’s name and NMFS Person ID
Date of incorporation
Permanent business mailing address
Temporary business mailing address (optional)
Business telephone number, business fax number, and business e-mail address
Indicate whether transferee has paid all fees (see § 680.44)
Electronic submittal
Transferor’s name and NMFS Person ID
Transfer Key
Block D -- Identification of IPQ to be transferred
IPQ permit number
Crab fishery
Sector of QS
Region
Number of IPQ pounds
Block E -- Certification of transferor
Non-Electronic submittal
Printed name and signature of transferor or authorized representative and date signed
If authorized representative, attach authorization
Electronic submittal
Transferor’s NMFS ID
Password
Transfer Key
Block F -- Certification of transferee
Non-Electronic submittal
Printed name and signature of transferee or authorized representative and date signed
If authorized representative, attach authorization
Electronic submittal
Transferee’s NMFS ID, Password, and Transfer Key
Changed number of respondents from 106 to 30, based on current numbers.
Application to transfer crab IPQ, Respondent |
|
Estimated number of respondents Total annual responses Number of responses per year = 1 Total Time burden Time per response, non-electronic 2 hr x 2 = 4 hrs Time per response, electronic 1 hr x 28= 28 hrs Total personnel cost ($37/hr x 32) Total miscellaneous cost (6.69) Postage (0.49 x 1 = $0.49) Fax ($6 x 1 = $6) Online ($0 x 28) Photocopy (0.05 x 2pp x 2 = 0.20) |
30 30
32 hrs
$1,184 $7 |
Application to transfer crab IPQ, Federal Government |
|
Total annual responses Total Time burden Time per response = 30 mins Total personnel cost ($37/hrs x 15) Total miscellaneous cost |
30 15 hrs
$555 0 |
l. Annual Application for Crab Converted CPO QS and CPO IFQ [no changes]
NMFS created CPO QS for the snow crab and Bristol Bay red king crab fisheries, because these were the only fisheries for which the eligible entities were initially issued North PQS and North CVO QS.
An eligible entity and its commonly owned affiliates may combine North PQS and North catcher vessel owner quota share (CVO QS) and exchange these shares for newly created converted catcher/processor owner quota shares (CPO QS). Allowing entities to convert PQS and CVO QS to CPO QS allows them to harvest and process crab onboard a catcher/processor. Electing to exercise this provision could reduce each eligible entity’s operating costs associated with purchasing crab, processing crab on land or in a stationary floating processor (SFP), and complying with the CR Program’s arbitration system.
Eligible entities would receive one unit of North CPO QS in exchange for one unit of North CVO QS and 0.9 units of North PQS. The amount of converted CPO QS issued to each entity may not exceed 1 million pounds during any calendar year. Only entities listed below may apply for converted CPO QS/IFQ.
Entity A -- Yardarm Knot, Inc.
Entity B -- Blue Dutch, LLC
Entity C -- Trident Seafoods, Inc.
Note: A completed Annual Application for an IFQ/IPQ Permit must be submitted with this application.
In addition, for this application to be considered complete, NMFS must verify that applicant has submitted all required Economic Data Reports and has paid all outstanding fee obligations
Annual Application for Crab Converted CPO QS and CPO IFQ
Block A – Identification of Entity
Indicate below which of the entities is applying for converted catcher/processor CPO QS/IFQ.
Block B1 – Entity Information
Name of Entity
NMFS Person ID Number
Permanent Business Mailing Address
Temporary Business Mailing Address (if applicable)
Business Telephone Number
Business Fax Number
Business E-mail Address
For Entity A or B, identify
North Region BBR or BSS CVO QS and
North Region BBR or BSS PQS
initially issued to this person for conversion to CPO QS
Fishery
Sector
Region
Beginning Serial Number
Ending Serial Number
Number of QS/PQS Units
For Entity C, identify
North Region BBR or BSS CVO QS initially issued to this person and
North Region BBR or BSS PQS for conversion to CPO QS
Fishery
Sector
Region
Beginning Serial Number
Ending Serial Number
Number of QS/PQS Units
Block B2 – Affiliate Information For Entity A, B, Or C
Affiliated Person 1
NMFS Person ID Number
Permanent Business Mailing Address
Temporary Business Mailing Address (if applicable)
Business Telephone Number
Business Fax Number
Business E-mail Address
Affiliated Person 2
NMFS Person ID Number
Permanent Business Mailing Address
Temporary Business Mailing Address (if applicable)
Business Telephone Number
Business Fax Number
Business E-mail Address
For persons affiliated with Entity A or B, identify
North Region BBR or BSS CVO QS and
North Region BBR or BSS PQS initially issued to this person for conversion to CPO QS
Person 1 and Person 2
Fishery
Sector
Region
Beginning Serial Number
Ending Serial Number
Number of QS/PQS Units
For Entity C, identify
North Region BBR or BSS CVO QS initially issued to this person and
North Region BBR or BSS PQS for conversion to CPO QS
Person 1 and Person 2
Fishery
Sector
Region
Beginning Serial Number
Ending Serial Number
Number of QS/PQS Units
Block C - Signature of Entity and Affiliates
(each member contributing CVO QS or PQS to this request must sign and date this form)
Signature of Entity
Date
Printed Name of Entity
If completed by an authorized representative, attach authorization
Signature of Affiliate Person 1
Date
Printed Name of Affiliate
If completed by an authorized representative, attach authorization
Application for Crab Converted CPO QS and CPO IFQ, Respondent |
|
Number of respondents Total annual responses Frequency of response = 1 Total burden hours (1.50) Time per response = 30 min Total personnel cost ($37 x 2) Total miscellaneous costs ($7.28) Postage ($0.49 x 2 = $0.98) Photocopy (2pp x $0.05 x 3= $0.30) Fax ($6 x 1 = $6) |
3 3
2 hrs
$74 $7
|
Application for Crab Converted CPO QS and CPO IFQ, Federal Government |
|
Number of responses Total burden hours (0.75) Time per response = 15 min. Total personnel costs ($37/hr x 1) Total miscellaneous costs |
3 1 hr
$37 0 |
m. Application for eligibility to receive crab QS/IFQ or PQS/IPQ by transfer [no changes]
This application is required to establish an applicant’s eligibility to receive QS, PQS, IFQ, or IPQ by transfer, if the person is not an ECCO.
Eligibility to receive harvester QS/IFQ by transfer depends in part on the type of quota. In general, to be eligible to receive QS or IFQ, a person must be a U.S. citizen, or a U.S. company or other non-individual business entity. Owner QS may be received by initial QS recipients, by others who meet sea time requirements, and by CDQ groups and eligible crab community entities. In addition, crew type QS/IFQ may be received by transfer only by individuals who can demonstrate “recent participation” in the crab fisheries before each transfer.
Once approved, a person is eligible to receive crab thereafter, without reapplying, except for the two types of crew QS. Even after a person becomes initially eligible, he or she must show recent participation within the last 365 days in the CR fishery each time they apply to receive that type of QS.
The following table provides standards for eligibility to receive CR Program quota by transfer:
Quota Type |
Eligible Person |
Eligibility Standards |
PQS |
Any Person |
No other requirements |
IPQ |
Any Person |
No other requirements |
CVO or CPO QS |
A person who received QS by initial issuance |
No other requirements |
|
An Individual |
Who is a U.S. citizen and who has at least 150 days experience as part of the harvesting crew in any U.S. commercial fishery |
|
A corporation, partnership, association or other non-individual entity |
That has at least one individual member (owner) who is a U.S. citizen and who owns at least 20% of the entity, and has at least 150 days experience as part of the harvesting crew in any U.S. commercial fishery |
|
An ECCO |
That meets other regulatory requirements |
|
A CDQ Group |
No other requirements |
CVC or CPC QS |
An Individual
|
Who is a U.S. citizen and who has at least 150 days experience as part of the harvesting crew in any U.S. commercial fishery and recent participation in a BSAI CR fishery in the 365 days prior to submitting an application for eligibility, and at time of transfer |
The regulations that govern the BSAI Crab Rationalization Program provide that only persons who meet certain eligibility requirements may receive QS/IFQ or PQS/IPQ by transfer. The following are lists of persons NMFS has determined are currently eligible to receive QS/IFQ and/or PQS/IPQ by transfer. Persons eligible to receive CVC/CPC QS by transfer must also meet additional participation requirements at the time of transfer.
Application for eligibility to receive crab QS/IFQ or PQS/IPQ by transfer
Block A – Purpose of application
Indicate type of quota for which the applicant seeks eligibility
Block B - Applicant Information
Must be a U.S. Citizen or a U.S. Corporation, Partnership, or Association
Name, NMFS Person ID, and date of birth
Permanent or temporary business mailing address
Business telephone number, business fax number, and business e-mail address (if available)
Block C – Eligibility to Receive CVC or CPC QS/IFQ
If application purpose is to obtain authority to receive crew shares (CVC or CPC or associated IFQ)
by transfer, attach
A signed ADF&G fish ticket imprinted with the applicant’s CFEC permit card
An affidavit indicating date of landing of crab species from the owner of a vessel upon which fishing
was done, or
A signed receipt for an IFQ crab landing on which the applicant was serving as a hired master for an
IFQ permit holder
Block D – U.S. Corporations, partnerships, or other business entities
If submitted by or on behalf of a CDQ Group, go to Block F
If submitted by or on behalf of a Corporation, Partnership or other business entity
at least one member/owner of the entity must document an ownership interest of at least 20% of the entity and must demonstrate that s/he participated for a minimum of 150 days as a member of a harvesting crew in any U.S. fishery. Verification of the 150 days of participation can be provided by submitting the individual’s Transfer Eligibility Certificate (TEC) for the Halibut and Sablefish IFQ program, for the CR Program, or by completing Block E
If Block E is completed, and this application is approved, the individual will automatically qualify for a TEC for the halibut/sablefish IFQ fisheries
Identity of individual business owner with required experience participating in one or more U.S. fishery
Name and NMFS person ID
Business mailing address
Business telephone number and business fax number
Must be a U.S. citizen
Block E – Individual Commercial Fishing Experience
If the individual is not the Applicant, the individual must co-sign this application in Block F
Species
Gear type
Location
Starting date and ending date of claimed fishing period (MMYY)
Number of actual days spent harvesting fish
Duties performed while directly involved in the fishing activity (be specific)
Name and ADF&G vessel registration number or USCG documentation number of the vessel
Name of vessel owner
Name of vessel operator
Reference name
Reference’s relationship to applicant
Reference’s business mailing address and business telephone number
Block F - Applicant Certification
Printed name and signature of applicant and date signed.
If authorized representative, attach authorization
Changed number of respondents from 2,278 to 66, based on current numbers.
Application for eligibility to receive crab QS/IFQ or PQS/IPQ by transfer, Respondent |
|
Number of respondents Total annual responses Frequency of response = 1 Total burden hours Time per response = 2 hr Total personnel costs ($37 x 66) Total miscellaneous costs (217.47) Postage (0.49 x 33 = $16.17) Fax ($6 x 33= $198) Photocopy 1pp x .05 x 66 = $3.30) |
66 66
132 hrs
$4,884 $217
|
Application for eligibility to receive crab QS/IFQ or PQS/IPQ by transfer, Federal Government |
|
Number of responses Total burden hours Time per response = 15 min Total personnel costs ($37 x 17) Total miscellaneous costs |
66 17 hrs
$611 0 |
n. Application for Annual Exemption from Western Aleutian Islands Golden King Crab West Region Delivery Requirements (no changes)
Participation in any application to exempt IFQ and IPQ from the West region delivery requirement is voluntary, but is necessary to utilize fully the total allowable catch (TAC) in seasons when in-region processing facilities cannot meet the capacity requirements of the fishery. An exemption from West region delivery requirements is valid only for the remainder of the crab fishing year during which the application was received by and approved by NMFS.
Eligible participants complete and submit to NMFS an application requesting this exemption including an affidavit describing how eligible signatories meet the requirements. All eligible signatories, or their authorized representatives, must sign and date an affidavit affirming that all information provided on the application is true, correct, and complete to the best of his or her knowledge and belief. Due to the remote geographic location of the WAG fishery, it may be necessary for IFQ and IPQ holders to arrange alternative deliveries and payments with processing facilities east of 174° W. long. prior to the approval date.
Upon receipt and approval of a completed application, NMFS would grant an exemption to the West regional delivery requirement. To expedite an exemption from the delivery requirements, NMFS would establish the effective date of the exemption as the date the completed application was received by NMFS. Upon approval of an application, the effective date would be applied retroactively to the date the application was received by NMFS.
The application is available on the NMFS Alaska region website at http://alaskafisheries.noaa.gov. The completed application may be submitted to NMFS using any one of the following methods: mail, fax, or hand delivery.
WAG exemption application, Respondent |
|
Estimated number of respondents 4 QS holders, 4 PSQ holders, and 2 municipalities Total annual responses 1 response per year Total burden hours = 2 hr Total personnel cost = $37/hr x 20 hr Total miscellaneous cost Mail ($0.98 x 4 = $3.92) Fax $6 x 6 = $36 Photocopy (5 pp x $0.05 x 10 = $2.50) |
10
10
20 hrs $740 $42 |
WAG exemption application Federal Government |
|
Total annual responses Total burden hours = 1 hr Total personnel cost ( $37/hr x 10) Total miscellaneous costs |
10 10 hrs $370 0 |
o. Application for Exemption from CR Crab North or South Region Delivery Requirements [no changes]
Federal regulations require that crab harvested with IFQ designated for delivery to a processor in either the North Region or South Region, must be delivered in that region. Likewise crab purchased with IPQ designated for processing in either the North Region or South Region, must be processed in that region. NMFS provides a voluntary two-step process to obtain an exemption from north or south regional delivery requirements: a preseason application for exemption and an inseason notice of exemption.
This application is for IFQ holders and IPQ holders to request an exemption from these regional delivery requirements for the Bristol Bay red king crab, Bering Sea snow crab, Saint Matthew Island blue king crab, Eastern Aleutian Islands golden king crab, Western Aleutian Islands red king crab, or Pribilof Islands red and blue king crab fisheries. An exemption would mitigate safety risks and economic hardships that arise out of events that prevent compliance with the regional delivery requirements.
Preseason Application
NMFS must receive the preseason application on or before October 15 of the crab fishing year for which the applicants are applying for an exemption. If NMFS does not receive a timely and complete preseason application on or before October 15 of a crab fishing year, NMFS will deny the preseason application; those applicants will not be able to receive an exemption for that crab fishing year. If a preseason application is timely and complete, NMFS will approve the application. If NMFS approves a preseason application for an exemption, the applicants will be able to receive an exemption during the crab fishing year if the applicants comply with the requirements for an inseason notice of exemption. If NMFS denies a preseason application for any reason, the applicants may appeal the denial. NMFS will notify all of the applicants whether NMFS has approved or denied the preseason application.
Inseason Notice of Exemption
The inseason notice is required if the applicants that signed the preseason application want an exemption from regional delivery requirements during the fishing season. Applicants submit the inseason notice to NMFS prior to the day that the exemption is being sought. NMFS must receive the Inseason Notice at least one day before the day intended for the exemption to take effect. NMFS must receive the inseason notice at least one day prior to the day on which the applicants want the exemption to take effect.
NMFS approves an exemption from the regional delivery requirements when both parts of the application are properly provided. All persons applying for an exemption from regional delivery requirements must complete, sign, and submit both parts of the application. The effective date of the exemption is the day after NMFS receives a complete inseason notice of exemption. NMFS prohibits any delivery of IFQ crab or use of IPQ outside of the designated region prior to the effective date of the exemption.
An exemption from regional delivery requirements is valid for the remainder of the crab fishing season during which the inseason notice of exemption was submitted to NMFS. If the inseason notice of exemption specifies that compensated deliveries will occur in the following crab fishing year, the exemption will remain in effect for the specified IFQ and IPQ in the following crab fishing year.
The two-part application is available on the NMFS Alaska region website (http://alaskafisheries.noaa.gov).
NMFS must receive both parts of the application by mail, fax, or delivery.
Application for Exemption from CR Crab North or South Region Delivery Requirements
Part I – Preseason Application
Total number of applicants who have signed the preseason application
Identify each applicant
Print name and NMFS Person ID (if authorized representative, attach authorization)
Indicate type of applicant (select only one)
Identify the CR crab fishery, IFQ amount, and IPQ amount subject to the framework agreement
Affidavit
Check box to certify and affirm
Signature of applicant and date signed
Part II – Inseason notice of exemption
Total Number of Applicants who have signed this inseason notice
Enter the Preseason Application number assigned by NMFS
Identify each applicant
Print name and NMFS Person ID (if authorized representative, attach authorization)
Indicate type of applicant (IFQ, IPQ, or community entity)
Identify the CR crab fishery, IFQ amount, and IPQ amount for which the exemption is requested
Affidavit
Check box to certify and affirm
Signature of applicant and date signed.
Application for N or S Region Exemption, Respondent |
|
Estimated number of respondents Total annual responses (total for Parts I & II) Response per respondent = 1 Total burden hours Time per response = 20 hr total for Parts I & II Total personnel cost ($75/hrs) Total miscellaneous costs ($34.60) Photocopy ($0.05 x 15 pp x 20 = $15) Postage ($0.98 x 20 = $19.60) |
20 20
400 hrs
$30,000 $35
|
Application for N or S Region Exemption, Federal Government |
|
Total annual responses Total burden hours = 2 hr Total personnel cost ($37/hr) Total miscellaneous cost |
20 40 hrs $1,480 0 |
p. North or South Region Delivery Exemption Report [no changes]
The annual North or South Region Delivery Exemption Report provides NMFS with the means to assess how the industry is exercising the exemption opportunity and whether implementing regulations are sufficient to meet the Council’s Statement of Intent for Amendment 41. This report provides documentation needed by NMFS to evaluate efficacy of privately administered contracts.
Each IFQ holder who signs a preseason application must submit a copy of an annual North or South Region Delivery Exemption Report to NMFS by mail, by fax, or by hand delivery.
♦ On or before July 15 to the IPQ holders and community representatives that also signed the preseason application.
♦ On or before July 30 to NMFS
North or South Region Delivery Exemption Report
Amount of IFQ, if any, set aside to reduce the need for, and the amount of, an exemption
Number of times an exemption was requested and used
Mitigation measures employed before submitting an inseason notice
Arrangements for any compensatory deliveries, including all compensatory deliveries made during the crab
fishing year and any outstanding compensatory delivery obligations for the following crab fishing year
Whether the exemption was necessary
Any impacts resulting from the exemption on the fishery participants and communities that signed the
preseason application
N or S Region Delivery Exemption Report, Respondent |
|
Estimated number of respondents Total annual responses Response per respondent = 1 Total burden hours Time per response = 20 hr Total personnel cost ($75/hr) Total miscellaneous costs (29.60) Photocopy (0.05 x 10 pp x 20 = 10) Postage (0.98 x 20 = 19.60) |
20 20
400 hr
$30,000 $30
|
No or S Region Delivery Exemption Report , Federal Government |
|
Total annual responses Total burden hours = 4 hr Total personnel cost ($37/hr) Total miscellaneous cost |
20 80 hr $2,960 0 |
q. Community Impact Report or IPQ Holder Report (N or S Response Report) [no changes]
In response to the North or South Region Delivery Exemption Report, community entities and IPQ holders may submit a Community Impact Report or IPQ Holder Report. This report, by either title, is voluntary and may take any format. The report is basically a response to the North or South Region Delivery Exemption Report and provides an opportunity to provide NMFS with a contrasting viewpoint. In addition, these reports provide documentation needed by NMFS to evaluate efficacy of privately administered contracts.
N or S Response Report, Respondent |
|
Estimated number of respondents Total annual responses Response per respondent = 1 Total burden hours Time per response = 2 hr Total personnel cost ($75/hr) Total miscellaneous costs ($1.23) Photocopy ($0.05 x 5 pp x 1 = $0.25) Postage ($0.98 x 1 = $0.98) |
1 1
2 hr
$150 $1
|
Response Report, Federal Government |
|
Total annual responses Total burden hours Time per response = 2 hrs Total personnel cost ($37/hr) Total miscellaneous costs |
1 2 hr
$74 0 |
r. CDQ group notification of community representative [no changes]
NMFS issued a portion of the PQS for the Bering Sea snow crab fishery and the Saint Matthew Island blue king crab fishery without a ROFR designation (non-ROFR PQS). Saint Paul and Saint George are the only two communities in the North Region that have historically received and processed Bering Sea snow crab and Saint Matthew Island blue king crab; therefore, they would be the affected communities for the purposes of an exemption from the regional delivery requirements.
The Western Alaska Community Development Quota (CDQ) entity representing Saint Paul is the Central Bering Sea Fishermen's Association (CBSFA). The CDQ representative for Saint George is the Aleutian Pribilof Island Community Development Association (APICDA). The CDQ entity must designate to NMFS a single entity as the regional representative for these two communities. The two CDQ groups could choose a different entity for each specific fishery.
NMFS notified APICDA and CBSFA of the deadline to designate a community representative and provided instructions for informing NMFS of the community representative. APICDA and CBSFA had 180 days from the effective date of the final rule to inform NMFS in writing that they had designated a single community representative responsible for signing the framework agreement, the Preseason Application, the exemption contract, and the Inseason Application. The 180-day window should provide adequate time for the two CDQ entities to coordinate their recommendation but not create an undue delay.
The notification of a representative is estimated at 5 hours, which includes the time to choose a representative.
CDQ Notification of Representative, Respondent |
|
Estimated number of respondents 1 of 2 CDQ groups Total annual responses 5 crab fisheries x 1 response Total burden hours Time per response = 5 hr Total personnel cost (25 hr x $75/hr) Total miscellaneous costs ($0.25) Photocopy ($0.05 x 1 x 5) = $0.25) Email ($0 x 5 = $0) |
1
5
25 hrs
$1,875 $1 |
CDQ Notification of Representative, Federal Government |
|
Total annual responses Total burden hours = 1 hr Total personnel cost ($37/hr) Total miscellaneous cost |
5 5 hrs $185 0 |
s. Application to become an eligible crab community organization (ECCO) [no changes]
An eligible crab community (ECC) is an Alaskan non-CDQ community in which 3 percent or more of any CR crab fishery was historically processed. An ECC can form a nonprofit entity to receive QS, IFQ, PQS and IPQ transfers on behalf of the community. The nonprofit entity is called an eligible crab community organization (ECCO).
This application is required to establish the non-profit’s eligibility to receive QS, PQS, IFQ, or IPQ by transfer, as an ECCO.
Application to become an eligible crab community organization (ECCO)
Block A - Identification of Applicant
Name of nonprofit organization and NMFS Person ID
Permanent business mailing address
Temporary business mailing address (optional)
Name of contact person
Business telephone number, business fax number, and business e-mail address
Name of community represented by non-profit
Name of contact person for the community governing body
Attachments
Articles of incorporation under the laws of the State of Alaska for non-profit
A statement indicating the ECC(s) represented by the non-profit for purposes of holding QS
Bylaws of the non-profit
A list of key personnel of the management organization including, but not limited to, the board of directors, officers, representatives, and any managers
Additional contact information of the managing personnel for the non-profit and resumes of
management personnel
Describe how the non-profit is qualified to manage QS on behalf of the ECC it is designated to represent,
and a demonstration that the non-profit has the management skills and technical expertise to manage
QS and IFQ
Describe procedures that will be used to determine the distribution of IFQ to residents of the ECC by the
nonprofit, including:
Procedures used to solicit requests from residents to lease IFQ
Criteria used to determine the distribution of IFQ leases among qualified community residents
Relative weighting of those criteria
Block C – Applicant certification
Printed name and signature of applicant or authorized agent and date signed
If authorized agent, attach authorization
Notary signature, date when commission expires, and notary seal or stamp
Application to become an ECCO, Respondent |
|
Number of respondents Total annual responses Frequency of response = 1 Total burden hours Time per response = 2.5 hr Total personnel costs ($37x3) Total miscellaneous costs (1.08) Postage (0.98 x 1 = 0.98) Photocopy (0.05 x 2pp x 1 = 0.10) Notary ($6 x 1 = 6) |
1 1
3 hr
$111 $7
|
Application to become an ECCO, Federal Government |
|
Number of responses Total burden hours Time per response = 15 min Total personnel costs ($37 x 0.25) Total miscellaneous costs |
1 0.25
$9 0 |
t. Application for transfer of BSAI crab QS/IFQ to or from an ECCO [no changes]
An ECC may form a nonprofit entity to receive QS, IFQ, PQS and IPQ transfers on behalf of that community. Crab may be transferred to or from an eligible crab community organization (ECCO), which is a non-profit organization that represents at least one ECC. The ECCO must be approved by the Regional Administrator to obtain by transfer and hold crab QS and to lease IFQ resulting from the crab QS on behalf of an ECC.
This form may only be used if an ECCO is the proposed transferor or the proposed transferee of the QS or IFQ. The party to whom an ECCO is seeking to transfer the QS/IFQ must be eligible to receive QS/IFQ by transfer.
Application for transfer of BSAI crab QS/IFQ to or from an ECCO
Block A – General Requirements
Block B – Transferor (seller) information
Name and NMFS Person ID
If transferor is an ECCO, name of community represented by the ECCO
Permanent and temporary business mailing address
Business telephone number, fax number, and e-mail address (if available)
Block C – Transferee (buyer) information
Name and NMFS Person ID
If transferee is an ECCO, name of community represented by the ECCO
Permanent and temporary business mailing address
Business telephone number, fax number, and e-mail address (if available)
Block D – Identification of QS/IFQ to Be Transferred
QS species and type
Number of QS or IFQ units to be transferred
Total QS units
Number of IFQ pounds
Range of serial numbers to be transferred, numbered to and from
Name of community to which QS are currently assigned
Indicate whether all remaining IFQ pounds for the current fishing year should be transferred
If NO, specify the number of pounds to be transferred
Transfer of IFQ only
IFQ permit number and year of permit
Actual number of IFQ pounds to be transferred
Reason for transfer (check all that apply)
Block E – Price paid for QS, PQS and/or IFQ, IPQ (transferor)
Indicate whether a broker was used for this transaction
If YES, enter dollar amount paid in brokerage fees or percentage of the total price
Enter total amount paid for the QS/IFQ in this transaction, including all fees
Price per unit of QS and the price per pound of IFQ
Indicate reasons (check all that apply) for transferring QS/IFQ
Block F - Method of financing for the QS, PQS and/or IFQ, IPQ (transferee)
If QS/IFQ purchase will have a lien attached, enter name of lien holder
Indicate one primary source of financing for this transfer
Indicate how the QS/IFQ was located
Indicate the relationship, if any, between the transferor and the transferee
If an agreement exists to return the QS or IFQ to the transferor or any other person, or with a condition
placed on resale, explain
Block G--Certification of Transferor
Printed name and signature of transferor and date signed
If authorized representative, attach authorization
Signature of Notary Public, date commission expires, and notary seal or stamp
Block H--Certification of Transferee
Printed name and signature of transferee and date signed.
If authorized representative, attach authorization
Signature of Notary Public, date commission expires, and notary seal or stamp
Block I--Certification of ECCO community representative
Printed name and signature of ECCO community representative and date signed.
Signature of Notary Public, date commission expires, and notary seal or stamp.
Other conditions to be met
Indicate whether the person applying to make or receive the transfer submitted
an EDR, if required and paid all fees
Attachments
Terms of agreement for the transfer
Bill of sale for QS or PQS, or
Lease agreement for IFQ or IPQ
An affirmation that the individual receiving IFQ from an ECCO has been a permanent resident in the ECC
for a period of 12 months prior to the submission of the Application for transfer QS/IFQ to or from an
ECCO on whose behalf the ECCO holds QS
Application for transfer of crab QS/IFQ to or from an ECCO, Respondent |
|
Number of respondents Total annual responses Frequency of response = 1 Total burden hours Time per response = 2 hrs Total personnel costs ($37 x 2) Total miscellaneous costs ($7.18) Notary ($6 x 1 = $6) Postage ($0.98 x 1 = $0.98) Photocopy (2pp x $0.05 x 1 = $0.1) |
1 1
2 hrs
$74 $7
|
Application for transfer of crab QS/IFQ to or from an ECCO, Federal Government |
|
Number of responses Total burden hours Time per response = 15 min Total personnel costs ($37 x 0.25) Total miscellaneous costs |
1 0.25
$9 0 |
u. ECCO Annual Report [no changes]
The ECCO must submit a complete annual report to the Regional Administrator on its crab activity for the prior crab fishing year for each Eligible Crab Community which the ECCO represents by June 30 of the crab fishing year. The ECCO annual report must detail the use of the crab quota share (QS) and individual fishing quota (IFQ) and is intended to ensure that the ECCO maintains that the QS and IFQ will benefit residents of eligible communities. The ECCO must submit a copy of the annual report to the governing body of each ECC represented by the ECCO.
Current records show only one ECCO exists. No net change would occur from this revision, as the information still is required from the same participants, only in a different collection. The cost, burden, and responses of this collection will increase by the same amount that OMB Control No. 0648-0570 will decrease. The change to OMB Control No. 0648-0570 has been incorporated into the pending extension of that collection.
ECCO annual report (not a form)
Name, ADF&G vessel registration number, USCG documentation number, and Federal crab vessel
permit of each vessel from which the crab IFQ was harvested.
Name and business addresses of individuals employed as crew members when fishing the crab IFQ.
Criteria used by the ECCO to distribute IFQ leases among eligible community residents.
Description of efforts made to ensure that IFQ lessees employ crew members who are eligible community
residents of the ECC aboard vessels on which IFQ derived from QS held by an ECCO is being fished.
Description of the process used to solicit lease applications from eligible community residents of the ECC
on whose behalf the ECCO is holding QS.
Names and business addresses and amount of IFQ requested by each individual applying to receive IFQ
from the ECCO.
Any changes in the bylaws of the ECCO, board of directors, or other key management personnel.
Attachments
Copies of minutes, bylaw changes, motions, and other relevant decision-making documents from ECCO
Board meetings.
ECCO Annual Report, Respondent |
|
Number of respondents Total annual responses Frequency of response = 1 Total burden hours Time per response = 4 hrs Total personnel costs ($37 x 4) Total miscellaneous costs ($0.98) Postage: $0.98 |
1 1
4 hr
$148 $1
|
ECCO Annual Report, Federal Government |
|
Number of responses Total burden hours Time per response = 2 hrs Total personnel cost ($37 x 2) Total miscellaneous costs |
1 2 hrs
$74 0 |
v. BSAI Crab Rationalization Program Quota Share (QS) Beneficiary Designation Form [no changes]
Individuals who hold QS in the CR Program may provide NMFS with the name of a designated beneficiary to receive survivorship transfer privileges in the event of the QS holder’s death. Use this form to designate the surviving spouse, or in the absence of a surviving spouse, an immediate family member to be the beneficiary for these purposes. NMFS will allow the transfer of IFQ only (lease) resulting from the QS transferred to the beneficiary by right of survivorship, for a period of 3 years following the death of the original QS holder.
If the QS holder does not have a surviving spouse, he/she may name an immediate family member to be the beneficiary. NMFS may approve an application to transfer QS to the surviving spouse or designated beneficiary, unless a contrary intent is expressed by the decedent in a Will and provided that sufficient evidence has been provided to verify the death of the individual.
BSAI Crab QS/IFQ can only be held by a U.S. citizen.
BSAI Crab Rationalization Program QS Beneficiary Designation Form
Block A - Identification of QS Holder
Name and NMFS Person ID
Business Mailing Address
Business Telephone Number, Business Fax Number, Business E-mail Address
Block B – Identification of Beneficiary
Name and NMFS Person ID
Business Mailing Address:
Business Telephone Number, Business Fax Number, Business E-mail Address
Block C - Relationship of Beneficiary to QS Holder
Indicate if the beneficiary named on this form is the spouse of the QS holder
If NO, explain the family relationship of the beneficiary to the QS holder:
Block D -- Signature
Signature, printed name of QS holder, and date signed
If completed by representative, attach authorization
Name of Notary Public, date commission expires, and Notary Stamp or Seal
Beneficiary Designation Form, Respondent |
|
Number of respondents Total annual responses Frequency of response = 1 Total burden hours (1) Time per response = 30 mins Total personnel costs ($37 x 1) Total miscellaneous costs ($6.59) Notary ($6 x 1 = $6) Postage ($0.49 x 1 = $0.49) Photocopy (2pp x $0.05 x 1 = $0.10) |
1 1
1 hr
$19 $7
|
Beneficiary Designation Form, Federal Government |
|
Number of responses Total burden hours Time per response = 15 min Total personnel costs ($37 x 1) Total miscellaneous costs |
1 0.25 hr
$9 0 |
x. File an Appeal to NMFS Decisions [no changes]
The CR Program provides for appeal on decisions made by NMFS through the National Appeals Office (NAO, formerly known as the Office of Administrative Appeals [OAA]). Any person whose interest is directly and adversely affected by an initial administrative determination (IAD) may file a written appeal. If an applicant appeals an IAD, the appeal must be filed not later than 60 days after the date the determination is issued.
Appeals must be in writing and must be submitted
By mail to National Marine Fisheries Service
Office of Administrative Appeals (OAA)
P. O. Box 21668,
Juneau, AK 99802-1668
Or by delivery to National Marine Fisheries Service
Attention: Appeals (OAA)
709 West 9th St., Room 453
Juneau, AK 99801
Applicants must submit a full written statement in support of the appeal, including a concise statement of the reasons the IAD has a direct and adverse effect on the applicant and should be reversed or modified. If the applicant requests a hearing on any issue presented in the appeal, such request for hearing must be accompanied by a concise written statement raising genuine and substantial issues of adjudicative fact for resolution and a list of available and specifically identified reliable evidence upon which the factual issues can be resolved. The appellate officer will limit his/her review to the issues stated in the appeal; all issues not set out in the appeal will be waived. The appellate officer will review the applicant’s appeal and request for hearing.
The appellate officer will close the record and issue a decision after determining there is sufficient information to render a decision on the record of the proceedings and that all procedural requirements have been met. The decision must be based solely on the record of the proceedings. An appellate officer’s decision takes effect 30 days after it is issued and, upon taking effect, is the final agency action for purposes of judicial review.
If appeals result in a positive action after IFQ has been issued for that fishery, the person would not receive IFQ until the following year. This single annual issuance is required for administrative purposes so that mid-year adjustments to other IFQ holders do not occur that would alter their allocation or the ratio of QS to IFQ for that year.
File an Appeal on NMFS Decisions, Respondent |
|
Number of respondents Total annual responses Frequency of response = 1 Total burden hours Time per response = 4 hrs Total personnel costs ($37 x 4) Total miscellaneous costs ($1.65) Postage ($1.35 x 1 = $1.35) Photocopy (6pp x 1 x 0.05 = $0.30) |
1 1
4 hr
$148 $2
|
File an Appeal on NMFS Decisions, Federal Government |
|
Total annual responses Frequency of response = 1 Total burden hours Time per response = 4 hrs Total personnel costs ($37 x 4) Total miscellaneous costs |
1
4 hr
$148 $0 |
y. Application for Crab Quota Share (QS) or Processor Quota Share (PQS) [INACTIVE]
QS may now be received only by transfer from another QS holder. QS represents a long-term privilege to harvest a percentage of the crab fishery. QS was issued initially either to:
♦ Holders of permanent License Limitation Program (LLP) licenses for which the original LLP qualifying vessel had eligible crab landings; or
♦ Crew members who, in the crab qualifying years, held a State of Alaska Interim Use Permit and made landings with that permit.
NMFS issued QS to qualified LLP holder or crew member applicants who submitted an application BEFORE the application deadline. Applications were accepted from April 4, 2005, until 5:00 p.m. Alaska local time on June 3, 2005. The deadline to apply for QS has passed. All applications received after the deadline are deemed untimely and are not eligible for QS.
It is anticipated that the information collected will be disseminated to the public or used to support publicly disseminated information. NOAA Fisheries will retain control over the information and safeguard it from improper access, modification, and destruction, consistent with NOAA standards for confidentiality, privacy, and electronic information. See Question 10 of this Supporting Statement for more information on confidentiality and privacy. The information collection is designed to yield data that meet all applicable information quality guidelines. Prior to dissemination, the information will be subjected to quality control measures and a pre-dissemination review pursuant to Section 515 of Public Law 106-554.
3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological techniques or other forms of information technology.
The Crab Inter-Cooperative IFQ Transfer form and the Transfer of Crab IPQ may be submitted online at www.alaskafisheries.noaa.gov/webapps/efish/login. Additionally, the Federal Crab Vessel Permit application may be submitted online if it is a renewal.
The remainder of the applications may be completed on the computer screen by the participant, downloaded, printed, and mailed, faxed, or submitted by e-mail. NMFS is pursuing an Internet method in the future whereby all of the information will be entered online and submitted directly and automatically into a database.
4. Describe efforts to identify duplication.
This information collection is part of a specialized and technical program that is not like any other.
5. If the collection of information involves small businesses or other small entities, describe the methods used to minimize burden.
This collection of information applies to QS/IFQ holders, PQS/IPQ holders, crab vessel owners, hired masters, ECCOs, and CDQ groups. This information collection does not impose a significant impact on small entities, as it requires only the minimum information needed.
6. Describe the consequences to the Federal program or policy activities if the collection is not conducted or is conducted less frequently.
This information collection includes a range of instruments that allow NMFS to manage the CR Program. Very few of the forms are required submissions on an annual basis. Many of the forms in this information collection allow a participant to take a voluntary action with regard to their QS or PQS in the CR Program.
7. Explain any special circumstances that require the collection to be conducted in a manner inconsistent with OMB guidelines.
No special circumstances exist.
8. Provide information on the PRA Federal Register Notice that solicited public comments on the information collection prior to this submission. Summarize the public comments received in response to that notice and describe the actions taken by the agency in response to those comments. Describe the efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.
A Federal Register notice published on January 12, 2017 (82 FR 3726) solicited public comments. The comment period ended on March 13, 2017. No comments were received.
In addition, a survey was sent to participants to further solicit comments. We received comments from 5 crab fishery participants. Two comments noted that they had no comments on the information collections. Two of the comments expressed appreciation for the existing forms that are available for electronic submission and requested more of the forms in the information collection be made available for electronic submission. NMFS is continuing to pursue an Internet method in the future whereby all of the information will be entered online and submitted directly and automatically into a database.
One comment also provided feedback on the burden hours associated with two of the forms. We consulted with another coop manager, and revised the burden hour estimates accordingly.
Application for annual crab harvesting cooperative IFQ permit: revised from 2.5 hours to 15 hours.
Application for IFQ hired master permit: revised from 21 minutes to 1 hour.
9. Explain any decisions to provide payments or gifts to respondents, other than remuneration of contractors or grantees.
No payment or gift is provided under this program.
10. Describe any assurance of confidentiality provided to respondents and the basis for assurance in statute, regulation, or agency policy.
As stated on the forms, this information is mandatory and is required to manage commercial fishing efforts under 50 CFR part 680, under section 402(a) of the Magnuson-Stevens Act (16 U.S.C. 1801, et seq.) and under 16 U.S.C. 1862(j). Responses to this information request are not confidential.
11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private.
This information collection does not involve information of a sensitive nature.
12. Provide an estimate in hours of the burden of the collection of information.
Estimated total unduplicated respondents: 575, decreased from 1,993. There are 498 QS holders, 29 PQS holders and 48 hired masters (of 69) who do not have QS. QS and PQS holders can be vessels or processors; hired masters can be QS holders only.
Estimated total responses: 1,284; decreased from 5,742. Estimated total burden: 3,007 hrs, decreased from 7,726 hrs. Estimated total personnel costs: $145,913, decreased from $272,434.
13. Provide an estimate of the total annual cost burden to the respondents or record-keepers resulting from the collection (excluding the value of the burden hours in Question 12 above).
Estimated total miscellaneous costs: $3,330, decreased from $13,841.
14. Provide estimates of annualized cost to the Federal government.
Estimated total responses: 1129, decreased from 5,292. Estimated total burden: 493 hrs, decreased from 1,341 hrs. Estimated total personnel costs: $18,250, decreased from $48,946.
15. Explain the reasons for any program changes or adjustments.
No program changes
Adjustments are made to reflect current numbers.
♦ Changed postage cost from $0.40 to $0.49 for letter and from $0.90 to $0.98 for first class.
Application for IFQ permit
an increase of 307 respondents and responses, 498 instead of 191
an increase of 767 hours burden, 1245 instead of 478
an increase of $28,379 personnel costs, $46,065 instead of $17,686
an increase of $853 miscellaneous costs, $1,186 instead of $333
Application for IPQ permit
a decrease of 76 respondents and responses, 29 instead of 105
a decrease of 152 hours burden, 58 instead of 210
a decrease of $5,624 personnel costs, $2,146 instead of $7,770
an increase of $58 miscellaneous costs, $28 instead of $86
Application for Annual Crab Harvesting Cooperative IFQ Permit
a decrease of 1 respondent and response, 9 instead of 10
an increase in the individual burden hours, 15 instead of 2.5
an increase of 110 hours burden, 135 instead of 25
an increase of $7,400 personnel costs, $8,325 instead of $925
a decrease of $6 miscellaneous costs, $11 instead of $17
Application for Registered Crab Receiver
a decrease of 19 respondents and responses, 53 instead of 72
a decrease of 9 hours burden, 27 instead of 36
a decrease of $351 personnel costs, $981 instead of $1,332
a decrease of $42 miscellaneous costs, $131 instead of $173
Application for Crab IFQ Hired Master
a decrease of 1,545 respondents and responses, 69 instead of 1,614
an increase in the individual burden hour, 1 hour instead of 21 minutes
a decrease of 496 hours burden, 69 instead of 565
a decrease of $18,352 personnel costs, $2,553 instead of $20,905
a decrease of $3,508 miscellaneous costs, $155 instead of $3,663
Application for Federal Crab Vessel Permit
an increase of 21 respondents and responses, 103 instead of 72
an increase of 11 hours burden, 36 instead of 25
an increase of $409 personnel costs, $1,334 instead of $925
an increase of $45 miscellaneous costs, $140 instead of $95
Application to transfer crab QS
an increase of 4 respondents and responses, 130 instead of 126
an increase of 8 hours burden, 260 instead of 252
an increase of $296 personnel costs, $9,620 instead of $9,324
an increase of $5 miscellaneous costs, $857 instead of $882
Application to transfer crab PQS
a decrease of 97 respondents and responses, 29 instead of 126
a decrease of 136 hours burden, 116 instead of 252
a decrease of $5,032 personnel costs, $4,292 instead of $9,324
a decrease of $500 miscellaneous costs, $382 instead of $882
Application to transfer cooperative IFQ
a decrease of 385 responses, 165 instead of 550
a decrease of 51 hours burden, 14 instead of 65
a decrease of $1,898 personnel costs, $507 instead of $2,405
a decrease of $42 miscellaneous costs, $32 instead of $74
Application to transfer crab IPQ
a decrease of 76 responses, 30 instead of 106
a decrease of 123 hours burden, 32 instead of 155
a decrease of $4,569 personnel costs, $1,166 instead of $5,735
a decrease of $59 miscellaneous costs, $7 instead of $66
Application for Eligibility to Receive Crab QS/IFQ or PQS/IPQ by transfer
a decrease of 2,662 responses, 66 instead of 2,728
a decrease of 4,424 hours burden, 132 instead of 4,556 hr
a decrease of $163,688 personnel costs, $4,884 instead of $168,572
a decrease of $7,243 miscellaneous costs, $217 instead of $7,460
Application for North or South region exemption from delivery requirements
an increase of 17 respondents and responses, 20 instead of 3
an increase of 340 hours burden, 400 instead of 60
an increase of $25,500 personnel costs, $30,000 instead of $4,500
an increase of $30 miscellaneous costs, $35 instead of $5
Net adjustments: Decrease of 4,458 responses, decrease of 4,719 hours, decrease of $146,681 personnel costs, and decrease of $10,511 miscellaneous costs.
16. For collections whose results will be published, outline the plans for tabulation and publication.
There are no plans for tabulation and publication.
17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons why display would be inappropriate.
Not Applicable.
18. Explain each exception to the certification statement.
Not Applicable.
B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS
This collection does not employ statistical methods.
File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
Author | Patsy Bearden |
File Modified | 0000-00-00 |
File Created | 2021-01-22 |