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Federal Register / Vol. 86, No. 59 / Tuesday, March 30, 2021 / Rules and Regulations
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provisions, this emergency rule, and justification for emergency action.
The IFQ Program NMFS implemented the IFQ Program for the management of the fixed gear hook-and-line and pot gear halibut and sablefish fisheries off Alaska in 1995 58
FR 59375; November 9, 1993. A central objective of the IFQ Program is to support the social and economic character of the fisheries and the coastal fishing communities where many of these fisheries are based.
Under the IFQ Program, access to the fixed gear sablefish and halibut fisheries is limited to those persons holding QS.
NMFS issued separate QS for sablefish and halibut to qualified applicants based on their historical participation during a set of qualifying years in the sablefish and halibut fisheries. QS is an exclusive, revocable privilege that allows the holder to harvest a specific percentage of either the total allowable catch TAC in the sablefish fishery or the annual commercial catch limit in the halibut fishery. In addition to being specific to sablefish or halibut, QS is designated for specific geographic areas of harvest, a specific vessel operation type CV or catcher/processor, and for a specific range of vessel sizes that may be used to harvest the sablefish or halibut vessel category. There are four vessel categories of halibut QS: Category A shares are designated for catcher/
processors, which process their catch at sea i.e., freezer longline vessels and do not have a vessel length restriction;
Category B shares are designated to be fished on CVs greater than 60 feet length overall LOA; Category C shares are designated to be fished on CVs greater than 35 feet, but less than or equal to 60
feet, LOA; and Category D shares are designated to be fished on CVs less than or equal to 35 feet LOA.
NMFS annually issues IFQ permits to each QS holder. An annual IFQ permit authorizes the permit holder to harvest a specified amount of the IFQ species in a regulatory area from a specific operation type and vessel category. IFQ
is expressed in pounds and is based on the amount of QS held in relation to the total QS pool for each regulatory area with an assigned catch limit.
Another goal of the IFQ Program is to promote an owner-operator fleet. To meet these goals, the IFQ Program includes restrictions on the ability of QS
holders to transfer their annual IFQ. The Council and NMFS recognized that, at the time the IFQ Program was implemented, some QS holders had long-standing business arrangements with hired masters who harvested IFQ
on behalf of the QS holder. Therefore,
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the IFQ Program authorizes the use of hired masters in certain instances. Since the implementation of the IFQ Program, the Council has recommended and NMFS has approved further regulatory amendments to limit the ability of QS
holders to designate a hired master to discourage absentee ownership and move towards an owner-operated program.
Halibut and sablefish are managed in separate geographic areas of harvest.
The sablefish IFQ regulatory areas are defined and shown in Figure 14 to 50
CFR part 679 and in Section 3 of the Analysis. The halibut IFQ areas are consistent with the IPHCs regulatory areas. NMFSs IFQ regulatory areas are described in Figure 15 to 50 CFR part 679. This emergency rule uses the term Area to refer to a specific IFQ
regulatory area e.g., Area 2C.
Temporary IFQ Transfer Provisions The Council developed transfer restrictions to retain the owner-operator nature of the CV fisheries and limit consolidation of QS. Only persons who were originally issued CV QS B and C
for sablefish; B, C, and D for halibut or who qualified as crew members are allowed to hold or purchase CV QS.
Only individuals and initial recipients are eligible to hold CV QS, and they are required to be on the vessel when the IFQ is being fished with a few exceptions. Since 1998, transfers of CV
IFQ have generally been prohibited except under a few specific conditions.
Temporary transfers of CV IFQ are allowed under six special circumstances: 1 Medical transfers; 2
beneficiary survivorship transfers; 3
military transfers: 4 transfers through Community Quota Entities: 5 transfers to Guided Angler Fish program; and 6
transfers to Community Development Quota groups in years of low halibut abundance. IFQ permits, and any associated transfers, are valid for a calendar fishing year.
Medical Transfer Provision The IFQ Program includes a temporary medical transfer provision at 50 CFR 679.42d2 that allows a QS
holder not otherwise qualified to hire a master to temporarily transfer their annual IFQ if the QS holder or their immediate family member has a temporary medical condition that prevents them from fishing. The medical transfer provision is intended to provide a mechanism for QS holders who are experiencing a temporary medical condition that would prevent them from fishing during a season to transfer their annual IFQ to another individual.

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An applicant for a temporary medical transfer must document a medical condition by submitting an affidavit to NMFS from a healthcare provider that describes the medical condition affecting the applicant and attests to the inability of the applicant to participate in the IFQ fishery for which she or he holds QS. In the case of a family members medical emergency, the affidavit must describe the necessity for the QS holder to tend to an immediate family member who suffers from the medical condition. The Council recommended and NMFS implemented regulations that limit the number of instances that QS holders may use the provision for any medical condition. As of March 16, 2020, NMFS will not approve a medical transfer if the QS
holder has been granted a medical transfer in any three of the previous seven years for a medical condition 85
FR 8477; February 14, 2020.
Hired Master Provision Initial recipients excluding Areas 2C
for halibut or SE for sablefish, which correspond to Southeast Alaska of CV
QS may be absent from the vessel conducting IFQ fishing of QS, provided the QS holder can demonstrate ownership of the vessel that harvests the IFQ halibut or sablefish a minimum of at least 20 percent ownership interest in the vessel harvesting the IFQ for the 12
months prior to submitting the hired master application and representation of the QS holder on the vessel by a hired master. This exception allows fishermen who traditionally operated their fishing businesses using hired masters prior to the IFQ Program implementation to continue to hire a master. By limiting the hired master provision to initial recipients, the use of this owner-onboard exception will decline and eventually cease with the transfer of all QS from initial recipients to new entrants second generation.
The use of a hired master is not classified as a transfer of IFQ since the QS holder does not submit a transfer application and is responsible for the hired master staying within the harvest limits. While not technically a transfer, use of a hired master provides the flexibility of a transfer in that it allows an individuals IFQ to be harvested by another person without requiring the QS
holder to directly participate in the fisheries.
Under existing regulations, individuals who can hire a master to fish their IFQ are not eligible to use the medical transfer provision. Those who can typically hire a master include initial recipients in all areas, except for Southeast Alaska. Both initial recipients
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