Federal Register, Volume 64 Issue 50 (Tuesday, March 16, 1999)

[Federal Register Volume 64, Number 50 (Tuesday, March 16, 1999)]
[Proposed Rules]
[Page 12925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6378]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[I.D. 021899A]


Central Registry System for Limited Access Permits (Registry); 
Public Meeting

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

ACTION: Notice of public meeting.

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SUMMARY: The Sustainable Fisheries Act (SFA) requires the Secretary of 
Commerce (Secretary) to establish an exclusive central registry system 
for limited access permits (LAPs). The registry will be the exclusive 
means of perfecting title to LAPs. It will also be the exclusive means 
of perfecting security interests in, assignments of, and liens and 
other encumbrances against LAPs. There will be a meeting to receive 
public comments to be used in developing proposed implementing rules.

DATES: The public meeting will be held April 13-14, 1999. See 
SUPPLEMENTARY INFORMATION for specific dates and times.

ADDRESSES: The meeting will be held at NMFS Headquarters, 1315 East-
West Highway, Building 3, 4^th Floor, Room 4527, Silver 
Spring, MD, telephone (301) 713-2334.

FOR FURTHER INFORMATION CONTACT: John Reisenweber, 1315 East-West 
Highway, Building 3, 13^th Floor, Room 13321, Silver Spring, 
MD 20910, telephone (301) 713-2334; fax: (301) 713-0596; email: 
[email protected]

SUPPLEMENTARY INFORMATION:

Background

    Conservation and management sometimes requires limiting access to 
federally-managed fisheries. Only parties with LAPs can fish in these 
limited access fisheries. Some LAPs are transferable independently of 
fishing vessels, while others are not.
    The Sustainable Fisheries Act of 1996 (P.L.104-297) amended the 
Magnuson-Stevens Act (MSA) and included a provision requiring NMFS to 
establish the Registry:

    ...the Secretary [of Commerce] shall establish an exclusive 
central registry system (which may be administered on a regional 
basis) for limited access system permits established under section 
303(b)(6) or other Federal law, including individual fishing quotas, 
which shall provide for the registration of title to, and interests 
in, such permits...

    Section 305(h) of the MSA makes the Registry the legally exclusive 
means of perfecting LAP titles and liens, with the exception of Federal 
tax liens.
    Before establishing the registry, NMFS wanted the public's 
guidance. On March 6,1997, NMFS published an Advance Notice of Proposed 
Rulemaking (ANPR) in the Federal Register. The ANPR was published to 
allow the public an opportunity to offer comments and guidance before 
Registry regulations were proposed. Although comments were welcomed 
from the general public, NMFS particularly requested comments from:
    1. Fisheries parties who buy and sell LAPs,
    2. Creditors and other parties who will file liens for registration 
against LAPs, and
    3. The Regional Fishery Management Councils.
    Following the publication of the ANPR, NMFS conducted a Registry 
workshop in Kodiak, Alaska on March 20,1997. The purpose of the 
workshop was to bring together all parties with an interest in the 
implementation of the Registry. Participants in the workshop included: 
NMFS personnel, fishing industry representatives, attorneys, and 
members of the marine banking community. Several workshop participants 
and other interested parties submitted written comments to NMFS 
regarding issues raised in the ANPR and discussed at the workshop in 
Kodiak. These issues include: Registry location, role of the IRS, 
registration of non-transferable permits, fee imposition, use of 
standard forms, and title/lien validation. Comments from the public 
about these issues will be considered when implementing the registry.
    All those interested in the public meeting to be held in Silver 
Spring in April are encouraged to participate, either by attending or 
submitting written comments. Written comments should be forwarded via 
mail or fax to the information contact above.

Meeting Dates

    The public meeting will begin at 2:00 PM on April 13, 1999 and 
continue until 6:00 PM that evening. The meeting will reconvene at 9:00 
AM on April 14, 1999 and conclude at 5:00 PM later that afternoon. A 
summary document about issues related to the Registry is under 
development and is scheduled to be mailed to meeting registrants 
approximately two weeks prior to the meeting.
    If you plan to attend the meeting, please RSVP with your mailing 
address and telephone number at least 15 days prior to the meeting. If 
anyone is interested in making presentations at the meeting, please 
contact John Reisenweber at least 10 business days prior to the meeting 
in order to be included on the agenda. Also, please identify any 
special audio/visual needs for your presentation. Due to time 
constraints and the number of presenters, it may be necessary to limit 
each presentation.

Special Accommodations

    The meeting is physically accessible to those with disabilities. 
Requests for sign language or other auxiliary aids should be directed 
to John Reisenweber (see FOR FURTHER INFORMATION CONTACT) at least 10 
business days prior to the meeting.

    Dated: March 9, 1999.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 99-6378 Filed 3-15-99; 8:45 am]
BILLING CODE 3510-22-F