[Federal Register Volume 78, Number 94 (Wednesday, May 15, 2013)]
[Rules and Regulations]
[Pages 28523-28531]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11571]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 680

[Docket No. 110207108-3430-02]
RIN 0648-BA82


Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands Crab Rationalization Program

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

ACTION: Final rule.

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SUMMARY: NMFS issues regulations to implement Amendment 41 to the 
Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner 
Crabs (FMP). These regulations amend the Bering Sea/Aleutian Islands 
Crab Rationalization Program (CR Program) by establishing a process 
whereby holders of regionally designated individual fishing quota (IFQ) 
and individual processor quota (IPQ) in six CR Program fisheries may 
receive an exemption from regional delivery requirements in the North 
or South Regions. The six CR Program fisheries are 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, and Pribilof Islands red and blue king crab. This action is 
necessary to mitigate disruptions in a CR Program fishery that prevent 
participants from complying with regional delivery requirements. This 
action is intended to promote the goals and objectives of the Magnuson-
Stevens Fishery Conservation and Management Act, the FMP, and other 
applicable law.

DATES: Effective June 14, 2013.

ADDRESSES: Electronic copies of Amendment 41 to the FMP, the Regulatory 
Impact Review (RIR)/Initial Regulatory Flexibility Analysis (IRFA), and 
the Categorical Exclusion prepared for this action may be obtained from 
http://www.regulations.gov or from the Alaska Region Web site at http://alaskafisheries.noaa.gov. The Environmental Impact Statement, RIR, and 
Social Impact Assessment prepared for the CR Program are available from 
the NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
rule may be submitted to NMFS Alaska Region, P.O. Box 21668, Juneau, AK 
99802, Attn: Ellen Sebastian, Records Officer; in person at NMFS Alaska 
Region, 709 West 9th Street, Room 420A, Juneau, AK; and by email to 
OIRA_Submission@omb.eop.gov or faxed to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Gretchen Harrington, 907-586-7228.

SUPPLEMENTARY INFORMATION: This final rule implements Amendment 41 to 
the FMP. NMFS published a notice of availability for Amendment 41 on 
December 13, 2012 (77 FR 74161). The comment period on Amendment 41 
ended on February 11, 2013. NMFS published a proposed rule to implement 
Amendment 41 on January 30, 2013 (78 FR 6279). The comment period on 
the proposed rule ended on March 1, 2013. NMFS approved Amendment 41 on 
March 13, 2013. Additional detail on the effects of this action is 
provided in the notice of availability for Amendment 41 (December 13, 
2012, 77 FR 74161) and the proposed rule (January 30, 2013, 78 FR 
6279). NMFS received eight letters containing nine unique comments on 
Amendment 41 and the proposed rule.
    Amendment 41 and this final rule apply to quota share (QS) and 
processor quota share (PQS) that have a regional designation for either 
the North Region or South Region. NMFS assigned a North Region 
designation or a South Region designation to the QS and PQS issued in 
six CR Program fisheries: Bristol Bay red king crab, Bering Sea snow 
crab, Eastern Aleutian Islands golden king crab, Western Aleutian 
Islands red king crab, Saint Matthew Island blue king crab, and 
Pribilof Islands red and blue king crab. The North Region is north of 
56[deg]20'N. latitude. The South Region is south of 56[deg]20'N. 
latitude.
    A QS holder's annual allocation, called IFQ, is expressed in pounds 
and is based on the amount of QS held in relation to the total QS pool 
for that fishery. NMFS issues IFQ in three classes: Class A IFQ, Class 
B IFQ, and Class C IFQ. Three percent of IFQ is issued as Class C IFQ 
for captains and crew. Of the remaining IFQ, 90 percent is issued as 
Class A IFQ and 10 percent is issued as Class B IFQ. For the CR 
fisheries subject to this rule, NMFS issues Class A IFQ with a North 
Region or South Region designation, and that Class A IFQ must be 
delivered within its designated geographic region. For PQS holders, 
NMFS issues an annual allocation of individual processing quota (IPQ) 
with a North Region or South Region designation. NMFS issues Class A 
IFQ and IPQ for each region at a one-to-one correlation for each of the 
six CR Program fisheries subject to this rule. Holders of Class A IFQ 
designated for a specific region must deliver to a processor holding a 
matching amount of IPQ for that region. Holders of regionally 
designated Class A IFQ and IPQ may not use that IFQ and IPQ outside of 
the designated region, except as provided for in this rule.
    In recommending Amendment 41, the Council recognized that weather 
conditions or other natural or man-made circumstances can hinder 
harvesting activities and restrict access to processing facilities in 
the North or South Regions. Environmental or man-made conditions have 
created obstacles to regional deliveries in every year since 
implementation of the CR Program. Each year, icing conditions have been 
an obstacle to delivering crab harvested with North Region IFQ in the 
North Region. For an entire season, deliveries to a floating processor 
that served most of the North Region were prevented by a fire that 
disabled the processor.
    Natural or man-made catastrophes could result in lost revenue to 
harvesters, processors, and communities. Safety risks increase when 
harvesters attempt to meet regional delivery requirements in inclement 
weather (e.g., icing conditions) and other potentially unsafe 
situations. Unforeseen delays in delivering crab could result in 
deadloss (crab that die before being processed). Harvesters may avoid 
or delay the harvest of regionally designated IFQ, thereby increasing 
the potential for unharvested crab or crab harvested later in the 
fishing season. Such changes in fishing behavior could result in unused 
IPQ, increased processing cost, loss of market share, and loss of 
revenue to remote communities dependent on revenues from crab 
deliveries and processing.
    Amendment 41 and this final rule promote the safety of human life 
at sea and mitigate economic harm by allowing participants to receive 
an exemption from regional delivery requirements in situations where 
events prevent participants from delivering crab harvested with North 
Region IFQ in the North Region or South Region IFQ

[[Page 28524]]

in the South Region. This final rule implements an exemption process to 
allow fishery participants to respond to an emergency situation during 
the crab fishing year in accord with provisions that they established 
before the season. The preamble to the proposed rule (78 FR 6279, 
January 30, 2013) provides detailed information on the implementing 
regulations for Amendment 41.
    In summary, this final rule establishes a process by which IFQ 
holders, IPQ holders, and affected communities could jointly apply for 
and receive an exemption from regional delivery requirements. This 
final rule implements a two-step process for an exemption from regional 
delivery requirements: A preseason application and an inseason notice 
of exemption. Both parts of the application are on one form: The 
Application for Exemption from CR Crab North or South Region Delivery 
Requirements. This application process allows the parties to apply for 
an exemption from the regional delivery requirements without extensive 
administrative review by NMFS.
    Under this rule, both the preseason application and the inseason 
notice of exemption must be signed by one or more members of the 
following three groups: (1) Holders of Class A IFQ in a CR Program 
fishery subject to this rule; (2) holders of the IPQ in a CR Program 
fishery subject to this rule; and (3) a representative of each of the 
affected communities. Additional description of these groups is 
provided in the preamble to the proposed rule (78 FR 6279, January 30, 
2013).
    The preseason application process allows the affected parties to 
enter the crab fishing season knowing the steps that the parties would 
take to avoid an exemption, the circumstances that would trigger an 
exemption, the steps they would need to take to obtain an exemption, 
and any mutually-agreed upon compensatory actions that the parties 
would take as a result of exercising the exemption. The preseason 
application process itself has two parts: (1) The development of a 
framework agreement by the parties; and (2) the submission of a 
preseason application to NMFS. If the parties to a NMFS-approved 
preseason application conclude during the crab fishing year that 
circumstances have occurred that justify an inseason exemption under 
the framework agreement, those applicants must do two things to obtain 
an exemption. First, they must enter into an exemption contract with 
each other and, second, they must jointly submit an inseason notice of 
the exemption to NMFS.
    Amendment 41 and this final rule do not prescribe specific 
conditions or terms of agreement for the framework agreement or 
exemption contract. However, the North Pacific Fishery Management 
Council's (Council's) Statement of Council Intent should guide the 
parties in establishing the required contracts. The preamble to the 
proposed rule contains the Statement of Council Intent and the range of 
private arrangements that the Council considered and that the parties 
could put in the framework agreement and the exemption contract (78 FR 
6279, January 30, 2013).
    This final rule also includes a reporting requirement for IFQ 
holders to provide NMFS and the Council with the means to assess the 
exemption in terms of the Council's Statement of Council Intent for 
Amendment 41. In a crab fishing year when an IFQ holder submits a 
preseason application for an exemption from the regional delivery 
requirements, the IFQ holder must also submit an annual Regional 
Delivery Exemption Report to NMFS.

Response to Comments

    NMFS received eight letters of public comment during the public 
comment periods for Amendment 41 and the proposed rule. NMFS received 
letters from crab fishery participants and organizations, the City of 
Saint Paul, and a Community Development Quota (CDQ) entity. NMFS 
summarized these letters into nine separate comments, and responds to 
them below.
    Comment 1: The proposed rule is consistent with Amendment 41 as 
adopted by the Council. We encourage NMFS to move forward expeditiously 
in implementation of the regulations so that they can be in effect for 
the 2013/2014 crab fishing year.
    Response: NMFS acknowledges the comment.
    Comment 2: In the preamble to the proposed rule, NMFS used 
incorrect coordinates to describe the line between the North Region and 
the South Region. The correct line is defined at Sec.  
680.40(b)(2)(i)(A).
    Response: NMFS acknowledges that the coordinates in the preamble to 
the proposed rule were incorrect and includes the correct coordinates 
in this preamble to the final rule.
    Comment 3: The Council intended that the regional delivery 
exemption apply to compensatory deliveries (e.g., allowing Class A IFQ 
and IPQ designated for one region to be used in another region to 
compensate for deliveries made earlier under an inseason notice of 
exemption). The proposed rule could be interpreted to render the 
parties ineligible to make compensatory deliveries in the crab fishing 
year following the year that they were stipulated in the exemption 
contract. Under the proposed rule, parties entitled to compensatory 
deliveries could potentially be denied the benefit of their bargain 
without their agreements and through no fault of their own. This result 
would be contrary to the fundamental premises of the contract-based 
approach to regional delivery exemptions adopted by the Council under 
Amendment 41.
    Response: The Council intended that the regional delivery exemption 
apply to compensatory deliveries. Compensatory deliveries can occur in 
the crab fishing year that they were stipulated in the exemption 
contract or in the crab fishing year following the year that they were 
stipulated in the exemption contract. Under the proposed rule, 
compensatory deliveries would be possible. However, the proposed rule 
did not include any regulations specifically addressing the use of 
compensatory deliveries, either in the crab fishing year or in the 
following crab fishing year, and, as proposed, did not provide the most 
efficient process for exempting compensatory deliveries in the 
following crab fishing year from regional delivery requirements. To 
address this public comment, NMFS has modified the final rule to more 
clearly address compensatory deliveries and the process to be followed 
for exempting compensatory deliveries in the following crab fishing 
year.
    The Council considered compensatory deliveries as one possible form 
of compensation that the parties could put in the framework agreement 
and the exemption contract, as discussed in Sections 2.4.2 and 2.4.3 of 
the RIR (see ADDRESSES). Compensatory deliveries could be used to 
address the loss of economic activity under the exemption and the loss 
of revenue to both IPQ holders and communities. Compensatory deliveries 
could be used to address both an IPQ holder's potential losses (if the 
exemption was used to send deliveries to a different processor) and a 
community's potential losses (for any deliveries to a different region 
under the exemption).
    A compensatory delivery would occur when the parties to the 
framework agreement and the exemption contract agree that a certain 
amount of regionally-designated IFQ crab may be landed outside of the 
region on the condition that some amount of IFQ crab is later delivered 
to that region. For example, the parties could agree to a compensatory 
delivery of IFQ crab not subject to regional delivery

[[Page 28525]]

requirements (Class B or Class C IFQ) to the region that lost 
deliveries under the exemption. Alternatively, compensatory deliveries 
could come from a different CR fishery or from Class A IFQ designated 
for another region. The amount of a compensatory delivery would be 
negotiated and may differ from the amount redirected, particularly if 
made from a different fishery.
    The RIR discusses how compensating the community for losses with a 
compensatory delivery of IFQ crab designated for another region may be 
a more agreeable resolution to all parties than a payment to the 
regional entity or its designee. The RIR specifies that, in the 
framework agreement, the parties would commit to subsequent 
compensatory delivery in a region. The RIR notes that compensating a 
community or region with deliveries of IFQ crab designated for another 
region would require that the IFQ and IPQ holders have agreements with 
the community representative for the IFQ and IPQ used for compensation. 
Because the Council clearly analyzed and considered compensatory 
deliveries (including compensatory deliveries that may occur in the 
year following the approval of an exemption) during the development of 
Amendment 41, and the public has requested additional specificity in 
the regulatory text concerning the use of and process for compensatory 
deliveries in the year following an exemption under the proposed rule, 
NMFS determined that modifications to the proposed rule text are needed 
to more closely align the final rule with Amendment 41 and clarify the 
exemption process.
    NMFS has made three changes in the final rule to address and 
facilitate the use of compensatory deliveries in both the crab fishing 
year they were stipulated in the exemption contract and in the 
following crab fishing year. These changes do not require parties to 
the framework agreement to establish agreements for compensatory 
deliveries, but if the parties establish such agreements, the changes 
require that provisions for compensatory deliveries are clearly 
described in the framework agreement and exemption contract, and that 
the required forms are signed by all of the affected parties.
    Administratively, compensatory deliveries among regions are subject 
to the same procedure established by this action to exempt deliveries 
from regional delivery requirements. Consequently, representatives from 
both regions must sign the framework agreement, exemption contract, and 
corresponding forms to allow for compensatory deliveries among regions. 
For example, if a Class A IFQ holder, IPQ holder, and the 
representative of the affected community in the North Region want to 
have a specific amount of South Region Class A IFQ delivered in the 
North Region as compensation for a delivery of North Region Class A IFQ 
in the South Region, then the Class A IFQ holder(s), IPQ holder(s), and 
representatives of affected communities from both the North and South 
Regions must sign the framework agreement, preseason application, 
exemption contract, and inseason notice of exemption.
    NMFS would treat the compensatory delivery the same as an original 
exempted delivery in that it would be made using IFQ and IPQ that were 
exempt from the regional delivery requirement. Therefore, the IFQ 
holder(s), IPQ holder(s), and the community representative(s) for the 
IFQ and IPQ used to make the compensatory delivery in either that crab 
fishing year or in the following crab fishing year must sign the 
framework agreement, preseason application, notice of inseason 
exemption, and exemption contract. If any party to a framework 
agreement or exemption contract believes that any other party did not 
comply with their contractual obligation, that party could seek redress 
as a private civil matter.
    First, NMFS changed the regulations for the preseason application 
at Sec.  680.4(p)(4)(ii)(B) to add a new paragraph (6) that requires 
the framework agreement to specify any arrangements for compensatory 
deliveries in the crab fishing year or the following crab fishing year. 
This new provision ensures that the IFQ and IPQ that would be used to 
make the compensatory deliveries are subject to the framework agreement 
and are available for the exemption contract.
    Second, NMFS changed the regulations for the inseason notice of 
exemption at Sec.  680.4(p)(4)(iii)(B) to add a new paragraph (5) that 
requires the exemption contract to specify any arrangements for 
compensatory deliveries in that crab fishing year or the following crab 
fishing year. This new provision ensures that the compensatory 
deliveries are covered in the exemption contract.
    Third, NMFS changed the regulations at Sec.  680.4(p)(4)(iii)(F) to 
extend the effective period for the exemption to cover any specified 
compensatory deliveries in the following crab fishing year. Under the 
proposed rule, the exemption would have been effective for the 
remainder of the crab fishing year in which NMFS receives the notice of 
exemption. This change will clarify that, if the inseason notice of 
exemption specifies that compensatory 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 final rule does not permit compensatory deliveries for more 
than one crab fishing year after the year that NMFS receives the notice 
of exemption because allowing compensatory deliveries to occur at some 
indeterminate time in the future would be administratively burdensome 
to track, was not specifically analyzed in the RIR prepared for this 
action, and public comments generally requested that compensatory 
deliveries be allowed in the crab fishing year following the notice of 
exemption.
    Comment 4: There is no logical basis for requiring that parties 
enter into a framework agreement for a subsequent year as a condition 
of being eligible to make compensatory deliveries required under a 
framework agreement and exemption contract from a prior year. We 
respectfully suggest two changes to address this issue.
    First, revise Sec.  680.4(p)(4)(ii)(E) to provide that applicants 
who do not submit a timely preseason application will not be eligible 
to receive an exemption for the relevant crab fishing year, other than 
an exemption to make compensatory landings in fulfillment of their 
obligations under an existing exemption contract.
    Second, add language to Sec.  680.4(p)(4)(ii)(F) so that it would 
read as follows: ``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 in which the preseason 
application was filed if the applicants comply with the requirements 
for a preseason application specified below at (p)(4)(iii). In 
addition, if NMFS approves a preseason application for an exemption and 
receives a related complete notice of exemption that is based on an 
exemption contract that includes an agreement for compensatory 
deliveries, the exemption necessary to make such compensatory 
deliveries will be effective the day after it is filed with NMFS in 
accordance with Section 680.4(p)(4)(iii), below, by the party 
authorized to file it under the terms of the related inseason exemption 
contract.''
    Response: NMFS agrees that it is not necessary for the parties to 
enter into a new framework agreement in order to make compensatory 
deliveries specified in an exemption contract in the

[[Page 28526]]

following crab fishing year. As explained in the response to Comment 3, 
NMFS has modified the proposed regulatory text in this final rule to 
address and facilitate compensatory deliveries in the crab fishing year 
following the inseason notice of exemption. Compensatory deliveries in 
the following crab fishing year would be made under the framework 
agreement and preseason application (and exemption contract and notice 
of exemption) submitted in the crab fishing year in which the emergency 
occurred. When applicants receive an exemption, the exemption would 
cover the compensatory deliveries in the following crab fishing year 
that are specified in the exemption contract. NMFS determined that the 
modifications described in the response to Comment 3 and contained in 
this final rule are the most efficient and effective way to implement 
the changes recommended by public comment. Therefore, the specific 
regulatory changes suggested by the comment are not necessary.
    In response to the first suggested change, Sec.  680.4(p)(4)(ii)(E) 
does not require a new preseason application to fulfill compensatory 
deliveries that are specified in an existing exemption contract. This 
regulation states that, 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. This remains 
true; NMFS will not grant an exemption without a timely and complete 
preseason application. However, with the changes to the regulations 
described in the response to Comment 3, once applicants receive an 
exemption, the exemption would cover the compensatory deliveries in the 
following crab fishing year that are specified in the exemption 
contract.
    The second suggested change to Sec.  680.4(p)(4)(ii)(F) is also not 
necessary to allow compensatory deliveries in the following crab 
fishing year. This paragraph explains that NMFS will approve a timely 
and complete preseason 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. With the changes 
to the regulations described in the response to Comment 3, once 
applicants receive an exemption, the exemption would cover the 
compensatory deliveries in the following crab fishing year that are 
specified in the exemption contract.
    Comment 5: We respectfully suggest that Sec.  
680.4(p)(4)(iii)(A)(3) be revised to read as follows: ``Be signed by 
the required applicants specified in paragraph (p)(3) that also signed 
the preseason application, or, if filed to make compensatory landings, 
be signed by the party authorized to submit the notice of exemption 
under the terms of the related inseason exemption contract.''
    Response: NMFS determined that this suggested regulatory change is 
not necessary to allow compensatory deliveries in the following crab 
fishing year. With the regulation changes explained in response to 
Comment 3, when applicants receive an exemption, the exemption would 
cover any compensatory deliveries in the following crab fishing year 
that are specified in the exemption contract. Parties would not need to 
submit a new inseason notice of exemption to make compensatory 
deliveries in the following crab fishing year.
    However, it is important to note that the framework agreement, the 
preseason application, the exemption contact, and the inseason notice 
of exemption all must be signed by the holders of the IFQ and IPQ that 
are subject to the exemption, including the compensatory deliveries, 
and by the community representative for the community or communities 
where the specified IFQ, including compensatory deliveries, would have 
been landed. For compensatory deliveries, this means that the community 
representative that would have received the delivery used to compensate 
an exempted delivery must sign the required documents.
    As explained in the RIR, a compensatory delivery of Class A IFQ 
designated for another region could only occur with the consent of the 
Class A IFQ holder, IPQ holder, and the representative of the affected 
community in the region from which the compensatory delivery 
originates. The RIR notes that to compensate a community or region with 
deliveries of IFQ crab designated for another region would require that 
the IFQ and IPQ holders have agreements with the regional 
representative for the IFQ and IPQ used for compensation. 
Administratively, these compensatory deliveries are part of the same 
procedure as the original exempt delivery. Consequently, 
representatives from both regions in a fishery would need to sign the 
framework agreement, exemption contract, and corresponding forms to 
allow for compensatory deliveries.
    Comment 6: We respectfully request that Sec.  680.4(p)(5) be 
revised to require that each Regional Delivery Exemption Report 
identify all compensatory deliveries made during the crab fishing year 
that is the subject of the Report, all outstanding compensatory 
delivery obligations to be fulfilled in a future crab fishing year or 
years, and the party or parties who are authorized to file the related 
compensatory delivery exemption request(s) under the terms of the 
related exemption contract(s). We believe this information would assist 
NMFS with identifying compensatory landings as a subcomponent of 
regional landing relief, and in determining who has the authority to 
file compensatory landing exemption requests.
    Response: NMFS agrees that the Regional Delivery Exemption Report 
should include information on compensatory deliveries and has added a 
requirement to the Regional Delivery Exemption Report at Sec.  
680.4(p)(5)(i)(D). This final rule requires that the report include an 
explanation of the 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. Note that NMFS is not requiring any of the parties 
to file compensatory delivery exemption requests as suggested by the 
comment. Compensatory deliveries would be made under the inseason 
notice of exemption in which the compensatory deliveries were 
specified, regardless of whether they occur in the same crab fishing 
year or the following crab fishing year. Also, as explained in the 
response to Comment 3, the final rule does not permit compensatory 
deliveries for more than one crab fishing year after the year that NMFS 
receives the notice of exemption.
    Comment 7: The proposed rule, at Sec.  680.4(p)(5)(ii), requires 
IFQ holders to submit a Regional Delivery Exemption Report to IPQ 
holders and community representatives on or before June 15, and to 
submit the Regional Delivery Exemption Report to NMFS on or before June 
30. We note that the crab fishing year currently extends through June 
30, and it is conceivable that IFQ crab delivered under an exemption 
may not be landed until then. Therefore, we respectfully request that 
the deadlines for submitting a Regional Exemption Delivery Report to 
IPQ holders and community representatives be extended to July 15, and 
the deadline for submitting the Report to NMFS be extended to July 30. 
These extensions should provide IFQ holders with adequate time after 
the crab fishing year

[[Page 28527]]

ends to prepare and submit the required Regional Delivery Exemption 
Reports.
    Response: NMFS agrees and has changed the deadline at Sec.  
680.4(p)(5)(ii) to July 15 and the deadline at Sec.  680.4(p)(5)(iii) 
to July 30.
    Comment 8: One comment expressed a general concern with Federal 
fisheries management.
    Response: NMFS acknowledges that comment but determined that it 
does not relate to the scope of this action.
    Comment 9: One comment generally supported the Crab Rationalization 
Program.
    Response: NMFS acknowledges the comment.

Summary of the Changes from Proposed to Final Rule

    NMFS made changes from the proposed to final rule in response to 
public comments. NMFS made four changes to allow for compensatory 
deliveries in the following crab fishing year that are discussed in the 
responses to Comments 3 and 6.
     NMFS changed the proposed regulations for the preseason 
application at Sec.  680.4(p)(4)(ii)(B) to add a new paragraph (6) that 
requires the framework agreement to specify any arrangements for 
compensatory deliveries in the crab fishing year or the following crab 
fishing year.
     NMFS changed the proposed regulations for the inseason 
notice of exemption at Sec.  680.4(p)(4)(iii)(B) to add a new paragraph 
(5) that requires the exemption contract to specify any arrangements 
for compensatory deliveries in the crab fishing year or the following 
crab fishing year.
     NMFS changed the proposed regulations at Sec.  
680.4(p)(4)(iii)(F) to extend the effective period for the exemption to 
cover any specified compensatory deliveries in the following crab 
fishing year.
     NMFS changed the proposed regulations for the Regional 
Delivery Exemption Report at Sec.  680.4(p)(5)(i) to add a new 
paragraph (D) that requires the Regional Delivery Exemption Report to 
include an explanation of the 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.

Additionally, NMFS changed the deadline at Sec.  680.4(p)(5)(ii) to 
July 15 and the deadline at Sec.  680.4(p)(5)(iii) to July 30, as 
discussed in Comment 7.

OMB Revisions to Paperwork Reduction Act References in 15 CFR 902.1(b)

    Section 3507(c)(B)(i) of the PRA requires that agencies inventory 
and display a current control number assigned by the Director, OMB, for 
each agency information collection. Section 902.1(b) identifies the 
location of NOAA regulations for which OMB approval numbers have been 
issued. Because this final rule revises and adds data elements within a 
collection-of information for recordkeeping and reporting requirements, 
15 CFR 902.1(b) is revised to reference correctly the sections 
resulting from this final rule.

Classification

    Pursuant to sections 304(b) and 305(d) of the Magnuson-Stevens Act, 
the Administrator, Alaska Region, NMFS, has determined that Amendment 
41 and this final rule are necessary for the conservation and 
management of the BSAI crab fisheries and that they are consistent with 
the FMP, other provisions of the Magnuson-Stevens Fishery Conservation 
and Management Act, and other applicable law.
    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866.

Final Regulatory Flexibility Analysis (FRFA)

    This final regulatory flexibility analysis (FRFA) incorporates the 
Initial Regulatory Flexibility Analysis (IRFA), a summary of the 
significant issues raised by the public comments in response to the 
IRFA, NMFS' responses to those comments, and a summary of the analyses 
completed to support the action.
    NMFS published a proposed rule to implement Amendment 41 on January 
30, 2013 (78 FR 6279). An IRFA was prepared and summarized in the 
``Classification'' section of the preamble to the proposed rule. The 
description of this action, its purpose, and its legal basis are 
described in the preamble to the proposed rule and are not repeated 
here.
    NMFS received eight letters of public comment containing nine 
unique comments on Amendment 41 and the proposed rule. None of these 
comments addressed the IRFA or the economic impacts of the rule 
generally.
Number and Description of Small Entities Regulated by the Action
    This action creates a process whereby IFQ holders and IPQ holders 
who enter an agreement with a community representative may apply for 
and receive an exemption from regional delivery requirements. Estimates 
of the number of small entities holding IFQ are based on estimates of 
gross revenues. During the 2009-2010 fishing season, nine entities held 
IFQ subject to regional delivery requirements; three of these IFQ 
holders were small entities. In that same season, 14 of the 22 entities 
that held IPQ subject to regional delivery requirements were small 
entities. Six small community entities, including two CDQ entities, are 
directly regulated by this action.
Description of Significant Alternatives to the Final Action That 
Minimize Adverse Impacts on Small Entities
    A FRFA must describe the steps the agency has taken to minimize the 
significant economic impact on small entities consistent with the 
stated objectives of applicable statutes, including a statement of the 
factual, policy, and legal reasons for selecting the alternative 
adopted in the final rule and why each one of the other significant 
alternatives to the rule considered by the agency, which affect the 
impact on small entities, was rejected. ``Significant alternatives'' 
are those that achieve the stated objectives for the action, consistent 
with prevailing law, with potentially lesser adverse economic impacts 
on small entities, as a whole.
    No significant alternatives were developed for this action. The 
Council considered two alternatives; status quo and the proposed 
action. The status quo is no exemption from the regional delivery 
requirements. The proposed action is an exemption from the regional 
delivery requirements. For the proposed action alternative, the Council 
considered a number of options to improve the functioning of the 
exemption and minimize adverse impacts on small entities. The Council 
also considered and eliminated from further considerations several 
alternatives that the Council determined would have limited the 
effectiveness of the exemption in achieving its intended purpose.
    The analysis shows that this action minimizes the economic impacts 
of status quo on small entities by allowing participants to receive an 
exemption from regional delivery requirements in situations where 
events prevent participants from delivering crab harvested with North 
Region IFQ in the North Region or South Region IFQ in the South Region. 
Overall, this exemption process allows participants to receive an 
exemption from regional delivery requirements in situations where 
events prevent participants from delivering crab harvested with North

[[Page 28528]]

Region IFQ in the North Region or South Region IFQ in the South Region.
    The Council considered a number of options to improve the 
functioning of the exemption and minimize adverse impacts on small 
entities. The Council considered options that would allow communities 
benefiting from a ROFR to select a regional representative to act on 
their behalf rather than the ECC entity. The Council did not choose 
that option because of the potential difficulties that communities 
could encounter in selecting the regional representative and because of 
the additional administrative costs and burdens associated with this 
option. In addition to providing an expedited administrative process, 
the approach selected by the Council maintains the original intent of 
CR Program community protection measures in that it preserves community 
interests by providing not only a regional linkage for certain PQS, but 
also a close linkage between certain PQS and the community of origin 
for that PQS.
    The Council also considered and eliminated from further 
consideration several alternatives during the development of Amendment 
41. These alternatives are described in detail in Section 2.2.1 of the 
analysis for this action (see ADDRESSES). Generally, the Council 
perceived these alternatives as limiting the effectiveness of the 
exemption in achieving its intended purpose.
    The Council considered and rejected alternatives in which NMFS 
would fully administer regional exemptions by determining whether 
specific conditions existed to qualify for an exemption from the 
regional delivery requirement. The Council did not advance these 
alternatives because the Council viewed them as overly expensive to 
administer and likely to prevent the exemption process from fulfilling 
its purpose as described in the Council's purpose and need statement 
for this action. The Council and NMFS recognized that the necessary 
fact finding to make such a determination (e.g., that a specific amount 
of ice was prohibiting harvesting or delivery of crab in a specific 
location) would not only delay decision making, but could also be 
costly. Verification of conditions could be difficult or impracticable 
due to the remoteness of the location and poor quality of data 
available.
    A factual finding would require NMFS to not only complete an 
assessment of the event that arguably prevents a delivery, but also of 
the potential availability of other processing facilities in the region 
to overcome the barrier to the delivery. These findings would require 
factual assessments of circumstances in remote areas. Such findings 
typically require time, which may jeopardize safety in emergencies, and 
information, which may not be available to NMFS. In addition, the need 
for administrative review of these findings could result in additional 
delays. Consequently, the Council elected to pursue alternatives that 
would not rely on agency administrative discretion. Instead, the 
affected parties would define the terms under which they would apply 
for and receive an exemption. This approach also allows the parties 
flexibility to develop mitigation and compensation requirements that 
would, in turn, minimize the need for the exemption and, if an 
exemption is necessary, ensure that the parties potentially harmed by 
the exemption receive reasonable compensation.
    The Council also considered an alternative that would have defined 
specific exemption criteria in regulation; however, the Council 
eliminated this alternative because NMFS and the Council recognized 
that this approach might be overly restrictive and could not be adapted 
as circumstances might require. The Council also elected not to 
recommend an alternative that specifically defined compensation because 
the Council deemed this alternative too prescriptive to effectively 
balance the competing interests of parties, which are likely to change 
with the circumstances surrounding the granting of an exemption. 
Similarly, the Council chose not to advance alternatives that would 
redesignate IFQ and IPQ to compensate for landings redirected under the 
exemption because they would be administratively complex given the 
inability to rollover IFQ from one year to the next.
Duplicate, Overlapping, or Conflicting Federal Rules
    No duplication, overlap, or conflict between this action and 
existing Federal rules has been identified.
Recordkeeping and Reporting Requirements
    The reporting, recordkeeping, and other compliance requirements 
will be increased if parties enter into the agreements and contracts 
required as part of a completed Application for Exemption from CR Crab 
North or South Region Delivery Requirements. This action adds 
recordkeeping and reporting requirements necessary to implement 
Amendment 41, namely submission, prior to the start of the fishing 
season, of an application and affidavit affirming that IFQ holders, IPQ 
holders, and community representatives have entered into a framework 
agreement. A second notice and affidavit affirming that those parties 
have entered into an exemption contract is required if the parties 
subject to the framework agreement wish to seek an exemption during the 
fishing season.
    Participation in an Application for Exemption from CR Crab North or 
South Region Delivery Requirements is voluntary, but necessary to 
deliver crab outside of a designated region when circumstances 
necessitate an exemption from the regional delivery requirements.
    The professional skills necessary to comply with reporting and 
recordkeeping requirements for small entities impacted by this rule 
include the ability to read, write, and understand English; the ability 
to use a personal computer and the Internet; and the authority to take 
actions on behalf of the designated signatory. Each of the small 
entities must be capable of complying with the requirements of this 
rule. Each small entity should have financial resources to obtain 
additional legal or technical expertise that they might require to 
advise them concerning the framework agreement or the exemption 
contract.
    IFQ holders that sign a preseason application must also prepare and 
submit an annual Regional Delivery Exemption Report to NMFS by July 30. 
By July 15, IFQ holders must submit a copy of the Regional Delivery 
Exemption Report to IPQ holders and community representatives that also 
signed the preseason application. In response to the Regional Delivery 
Exemption Report, community representatives may voluntarily submit a 
Community Impact Report and IPQ holders may voluntarily submit an IPQ 
Holder Report.
Small Entity Compliance Guide
    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
this rulemaking process, NMFS has posted a small entity compliance 
guide on the NMFS Alaska Region Web site (http://
www.alaskafisheries.noaa.gov/sustainablefisheries/crab/rat/

[[Page 28529]]

progfaq.htm. Contact NMFS to request a hard copy of the guide (see 
ADDRESSES).

Collection-of-Information Requirements

    This rule contains collection-of-information requirements subject 
to the Paperwork Reduction Act (PRA), which have been approved by the 
Office of Management and Budget (OMB) under OMB Control No. 0648-0514.
    Public reporting burden per response is estimated to average 20 
hours for the Application for Exemption from CR Crab North or South 
Region Delivery Requirements; 5 hours for CDQ Notification of 
Representative; 20 hours to prepare the Regional Delivery Exemption 
Report; and 2 hours to complete the Community Impact Report or IPQ 
Holder Report.
    Public reporting burden includes the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    Send comments regarding these burden estimates, or any other aspect 
of this data collection, including suggestions for reducing the burden, 
to NMFS (see ADDRESSES) and by email to OIRA_Submission@omb.eop.gov, 
or fax to (202) 395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number.

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 680

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: May 8, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 15 CFR part 
902 and 50 CFR part 680 as follows:

Title 15--Commerce and Foreign Trade

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

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

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

0
2. In Sec.  902.1, in the table in paragraph (b), under the entry ``50 
CFR'';
0
a. Remove entries for ``680.4(a), (b)(2), and (c) through (m)''; 
``680.4(b)(1)''; and 680.4(b)(3) and (n)''; and ``680.5(e) and (f)'';
0
b. Add entries in alphanumeric order for ``680.4(a) through (p)''; 
``680.5(f)''; and ``680.42(a) and (b).''
    The additions read as follows:


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

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                                            Current OMB
                                                          control number
  CFR Part or section where the information collection      (all numbers
                 requirement is located                     begin with
                                                              0648-)
------------------------------------------------------------------------
 
                                * * * * *
50 CFR
 
                                * * * * *
680.4(a) through (p)....................................           -0514
 
                                * * * * *
680.5(f)................................................            -570
 
                                * * * * *
680.42(a) and (b).......................................           -0514
 
                                * * * * *
------------------------------------------------------------------------

Title 50--Wildlife and Fisheries

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

0
3. The authority citation for 50 CFR part 680 continues to read as 
follows:

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

0
4. In Sec.  680.4, add paragraph (p) to read as follows:


Sec.  680.4  Permits.

* * * * *
    (p) Exemption from regional delivery requirements for the Bristol 
Bay red king crab, Bering Sea snow crab, St. Matthew blue king crab, 
Eastern Aleutian Islands golden king crab, Western Aleutian Islands red 
king crab, and Pribilof red king and blue king crab fisheries--(1) 
Apply for an Exemption. Eligible applicants may submit an application 
to exempt North Region IFQ and IPQ or South Region IFQ and IPQ from the 
prohibitions at Sec. Sec.  680.7(a)(2) and (a)(4).
    (2) Identification of eligible applicants. Eligible applicants are:
    (i) IFQ holders. Any person holding regionally designated IFQ for 
Bristol Bay red king crab, Bering Sea snow crab, St. Matthew blue king 
crab, Eastern Aleutian Islands golden king crab, Western Aleutian 
Islands red king crab, or Pribilof red king and blue king crab, or 
their authorized representative.
    (ii) IPQ holders. Any person holding regionally designated IPQ for 
Bristol Bay red king crab, Bering Sea snow crab, St. Matthew blue king 
crab, Eastern Aleutian Islands golden king crab, Western Aleutian 
Islands red king crab, or Pribilof red king and blue king crab, or 
their authorized representative.
    (iii) Community representatives. (A) For communities that hold or 
formerly held the ROFR pursuant to Sec.  679.41(l), the community 
representative that signs the preseason application, the framework 
agreement, the inseason notice, and the exemption contract is the ECC 
entity, as defined at Sec.  680.2.
    (B) For North Region St. Matthew blue king crab PQS and North 
Region Bering Sea snow crab PQS that was issued without a ROFR, the 
community representative that signs the preseason application, the 
framework agreement, the inseason notice, and the exemption contract 
for Saint Paul and Saint George shall be either:
    (1) Both Aleutian Pribilof Islands Community Development 
Association (APICDA) and the Central Bering Sea Fishermen's Association 
(CBSFA), or
    (2) the community representative that APICDA and CBSFA designate in 
writing to NMFS by December 9, 2013.
    (i) Either APICDA or CBSFA may revoke the designated community 
representative by providing written notice to the other entity and to 
NMFS.
    (ii) If either APICDA or CBSFA revokes its designation of a 
community representative after October 15 of a crab fishing year, the 
revocation will not affect the validity of any action taken by the 
designated community representative pursuant to paragraph (p) for that 
crab fishing year, including signing the preseason application, the 
framework agreement, the inseason notice, and the exemption contract.
    (3) Required Applicants. Multiple parties may apply for an 
exemption; however, a complete preseason application and a complete 
inseason notice must be submitted by a minimum of one Class A IFQ 
holder, one IPQ holder, and one community representative.

[[Page 28530]]

    (4) Application for an Exemption from the CR Program Regional 
Delivery Requirements--(i) Application Form. The application form 
consists of two parts: a preseason application for exemption and an 
inseason notice of exemption. The application form is available on the 
NMFS Alaska Region Web site (http://alaskafisheries.noaa.gov) or from 
NMFS at the address below. NMFS must receive both parts of the 
application form by one of the following methods:
    (A) Mail: NMFS Regional Administrator, c/o Restricted Access 
Management Program, P.O. Box 21668, Juneau, AK 99802-1668; or
    (B) Fax: 907-586-7354; or
    (C) Hand delivery or carrier: NMFS, Room 713, 709 West 9th Street, 
Juneau, AK 99801.
    (ii) Part I: Preseason Application. (A) A complete preseason 
application must be signed by the required applicants specified in 
paragraph (p)(3), contain the information specified on the form, have 
all applicable fields accurately completed, and have all required 
documentation attached.
    (B) Each applicant must certify, through an affidavit, that the 
applicant has entered into a framework agreement that--
    (1) Specifies the CR crab fisheries that are the subject of the 
framework agreement;
    (2) Specifies the actions that the parties will take to reduce the 
need for, and amount of, an exemption;
    (3) Specifies the circumstances that could be an obstacle to 
delivery or processing under which the parties would execute an 
exemption contract and receive an exemption;
    (4) Specifies the actions that the parties would take to mitigate 
the effects of an exemption;
    (5) Specifies the compensation, if any, that any party would 
provide to any other party;
    (6) Specifies any arrangements for compensatory deliveries in that 
crab fishing year or the following crab fishing year and;
    (7) Is signed by the holders of the IFQ and IPQ that are the 
subject of the framework agreement and by the community representative 
that is authorized to sign the framework agreement.
    (C) Each applicant must sign and date the affidavit and affirm 
that, under penalty of perjury, the information and the claims provided 
on the application are true, correct, and complete.
    (D) 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.
    (1) If a preseason application is submitted by mail, the date of 
receipt of the preseason application by NMFS will be the postmark date 
of the application;
    (2) If an applicant disputes whether NMFS received a preseason 
application on or before October 15, the applicant must provide written 
documentation that was contemporaneous with NMFS' receipt of the 
application demonstrating that NMFS received the application by October 
15.
    (E) 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.
    (F) 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 specified below at 
paragraph (p)(4)(iii).
    (G) If NMFS denies a preseason application for any reason, the 
applicants may appeal the denial pursuant to 50 CFR 679.43.
    (H) NMFS will notify all of the applicants whether NMFS has 
approved or denied the preseason application.
    (iii) Part II: Inseason Notice of Exemption. (A) A complete 
inseason notice must:
    (1) Identify the IFQ amount and IPQ amount, by CR crab fishery, 
subject to the exemption;
    (2) Contain the information specified on the form, have all 
applicable fields accurately completed, and have all required 
documentation attached; and
    (3) Be signed by the required applicants specified in paragraph 
(p)(3) of this section that also signed the preseason application.
    (B) Each applicant must certify, through an affidavit, that the 
applicants have entered into an exemption contract that--
    (1) Identifies the IFQ amount and IPQ amount, by CR crab fishery, 
that is subject to the exemption contract;
    (2) Describes the circumstances under which the exemption is being 
exercised;
    (3) Specifies the action that the parties must take to mitigate the 
effects of the exemption;
    (4) Specifies the compensation, if any, that any party must make to 
any other party;
    (5) Specifies any arrangements for compensatory deliveries in that 
crab fishing year or the following crab fishing year; and
    (6) Is signed by the holders of the IFQ and IPQ that are the 
subject of the exemption contract and by the community representative 
that is authorized to sign the exemption contract.
    (C) Each applicant must sign and date the affidavit and affirm 
that, under penalty of perjury, the information and the claims provided 
on the notice are true, correct, and complete.
    (D) NMFS must receive the inseason notice at least one day prior to 
the day on which the applicants want the exemption to take effect. If 
an inseason notice is submitted by mail, the date that NMFS receives 
the inseason notice is not the postmark date of the notice.
    (E) The effective date of the exemption is the day after NMFS 
receives a complete inseason notice. Any delivery of North Region IFQ 
or South Region IFQ outside the designated region prior to the 
effective date of the exemption is prohibited under Sec.  680.7(a)(2) 
and (4). Any processing of North Region IPQ or South Region IPQ outside 
the designated region prior to the effective date of the exemption is 
prohibited under Sec.  680.7(a)(2) and (4).
    (F) An exemption is effective for the remainder of the crab fishing 
year, unless the inseason notice of exemption specifies that 
compensatory deliveries will occur in the following crab fishing year 
and then the exemption will remain in effect for the IFQ and IPQ 
specified for compensatory delivery in the following crab fishing year.
    (5) Regional Delivery Exemption Report. (i) Each IFQ holder that 
signs a preseason application, described in paragraph (p)(4)(ii) of 
this section, must submit a Regional Delivery Exemption Report to NMFS 
that includes an explanation of--
    (A) The amount of IFQ, if any, set aside to reduce the need for, 
and the amount of, an exemption;
    (B) The mitigation measures employed before submitting an inseason 
notice;
    (C) The number of times an exemption was requested and used;
    (D) The 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;
    (E) Whether the exemption was necessary; and
    (F) Any impacts resulting from the exemption on the fishery 
participants

[[Page 28531]]

and communities that signed the preseason application.
    (ii) On or before July 15, IFQ holders must submit a copy of the 
Regional Delivery Exemption Report to the IPQ holders and community 
representatives that also signed the preseason application.
    (iii) On or before July 30, IFQ holders must submit the Regional 
Delivery Exemption Report to NMFS at the address in paragraph (p)(4)(i) 
of this section.
    (6) Public Notice of the Exemption. NMFS will post the effective 
date of an exemption and the Regional Delivery Exemption Reports on the 
NMFS Alaska Region Web site (http://alaskafisheries.noaa.gov).

0
5. In Sec.  680.7, revise paragraphs (a)(2), (a)(4), (a)(7), (a)(8), 
and (a)(9) to read as follows:


Sec.  680.7  Prohibitions.

* * * * *
    (a) * * *
    (2) Receive CR crab harvested under an IFQ permit in any region 
other than the region for which the IFQ permit is designated, unless:
    (i) Western Aleutian Islands golden king crab are received 
following the effective date of a NMFS-approved exemption pursuant to 
Sec.  680.4(o), or
    (ii) The IFQ permit and IFQ amount are subject to an exemption 
pursuant to Sec.  680.4(p).
* * * * *
    (4) Use IPQ in any region other than the region for which the IPQ 
permit is designated, unless:
    (i) Western Aleutian Islands golden king crab IPQ is used following 
the effective date of a NMFS-approved exemption pursuant to Sec.  
680.4(o), or
    (ii) The IPQ permit and IPQ amount are subject to an exemption 
pursuant to Sec.  680.4(p).
* * * * *
    (7) For an IPQ holder to use more IPQ than the maximum amount of 
IPQ that may be held by that person. Use of IPQ includes all IPQ held 
by that person, and all IPQ crab that are received by any RCR at any 
shoreside crab processor or stationary floating crab processor in which 
that IPQ holder has a 10 percent or greater direct or indirect 
ownership interest, unless that IPQ crab meets the requirements in 
Sec.  680.42(b)(7) or Sec.  680.42(b)(8).
    (8) For a shoreside crab processor or stationary floating crab 
processor, that does not have at least one owner with a 10 percent or 
greater direct or indirect ownership interest who also holds IPQ in 
that crab QS fishery, to receive in excess of 30 percent of the IPQ 
issued for that crab fishery, unless that IPQ meets the requirements 
described in Sec.  680.42(b)(7) or Sec.  680.42(b)(8).
    (9) For any shoreside crab processor or stationary floating crab 
processor east of 174 degrees west longitude to use more than 60 
percent of the IPQ issued in the EAG or WAI crab QS fisheries, unless 
that IPQ meets the requirements described in Sec.  680.42(b)(8).
* * * * *

0
6. In Sec.  680.42, revise paragraph (b)(1)(ii) and add paragraph 
(b)(8) to read as follows:


Sec.  680.42  Limitations on use of QS, PQS, IFQ, and IPQ.

* * * * *
    (b) * * *
    (1) * * *
    (ii) Use IPQ in excess of the amount of IPQ that results from the 
PQS caps in paragraph (b)(1)(i) of this section, unless that IPQ is:
    (A) Derived from PQS that was received by that person in the 
initial allocation of PQS for that crab QS fishery, or
    (B) Subject to an exemption for that IPQ pursuant to Sec.  
680.4(p).
* * * * *
    (8) Any IPQ crab that is received by an RCR will not be considered 
use of IPQ by an IPQ holder for the purposes of paragraphs (b)(1) and 
(b)(2) of this section, if the IPQ is subject to an exemption pursuant 
to Sec.  680.4(p).
* * * * *
[FR Doc. 2013-11571 Filed 5-14-13; 8:45 am]
BILLING CODE 3510-22-P