The Secretary of Commerce approved the Gulf grouper and tilefish multi-species Individual Fishing Quota (IFQ), which will be implemented in January. This will add over 50 new species to the Gulf’s existing IFQ program (which currently includes only red snapper).
Below is NOAA’s press release. FOR INFORMATION CONTACT:
Susan.Gerhart@noaa.gov
(727) 824-5305, FAX (727) 824-5308
August 31, 2009
On July 2, 2009, NOAA Fisheries Service approved Amendment 29 addressing new commercial regulations for Gulf of Mexico reef fish. A final rule implementing these regulations published in the Federal Register on August 31, 2009. The rule establishes a grouper and tilefish IFQ program for commercial fishermen in the Gulf of Mexico, establishes design elements of the IFQ program, makes changes to the red snapper IFQ program to align that program with the grouper and tilefish IFQ program, allows consolidation of reef fish commercial vessel permits, and establishes dual classifications for speckled hind and warsaw grouper. Most provisions of the rule are effective January 1, 2010; however, some provisions will be effective earlier to allow for operations required prior to implementation (see table on page 2).
The Grouper and Tilefish IFQ Program
The grouper and tilefish IFQ program was created to address overcapitalization of the grouper and tilefish fleet. The IFQ program divides grouper and tilefish quotas among commercial fishermen. IFQ shares are the percent of the quotas assigned to each fisherman. Allocation is the pounds of fish each fisherman has the opportunity to harvest each year. If a quota changes, a fisherman’s shares will not change but his allocation will. The fisherman can choose when to fish for his allocation, considering market and safety issues.
Design Elements of the IFQ program:
• The administrative functions associated with this program (e.g., registration and account setup, landing transactions, and transfers) are designed to be accomplished online; therefore, a participant must have access to a computer and the Internet.
• Initial IFQ shares will be distributed to commercial reef fish permit holders on record October 1, 2009. Individuals acquiring a permit after September 30 will not receive shares associated with that permit.
• Shares will be distributed proportionately among eligible participants based on landings during 1999- 2004, with an allowance for dropping one year.
• Five species-specific share types will be set: red grouper, gag, other shallow water grouper (other SWG), deepwater grouper (DWG), and tilefish shares.
• Four percent of red grouper allocation and eight percent of gag grouper allocation will be converted into multiuse allocation valid for harvesting red or gag grouper, with restrictions.
• Transfer of shares and allocation will be restricted to commercial reef fish permit holders during the first five years, but not thereafter.
• Separate share caps will be set for each type of IFQ share equal to the maximum share initially assigned to an IFQ participant. A cap on total annual allocation will be set equivalent to the share caps.
• A proportional adjustment strategy will be used to distribute commercial quota adjustments and reallocation among IFQ shareholders.
• The Regional Administrator will establish a formal appeals process and reserve three percent of the total available IFQ shares during the first year of the program for use in resolving disputes.
• IFQ share or allocation holders will be responsible for cost recovery fees and IFQ dealers will be responsible for fee collection and submission on a quarterly basis.
• Fishermen can select landing sites for IFQ programs, but the sites will require pre-approval by NOAA Fisheries Service Office for Law Enforcement.
Changes to the Red Snapper IFQ Program
Changes include requiring a separate vessel account for each vessel, requiring the estimated gutted weight of fish to be stated on the landing notification, requiring preapproval of landing locations, allowing online share transfers, and eliminating vessel endorsements and annual ex-vessel value reports. Southeast Fishery Bulletin National Marine Fisheries Service, Southeast Regional Office, 263 13th Avenue South, St. Petersburg, Florida 33701-5505.
Permit Consolidation
Consolidation allows a commercial reef fish permit owner to consolidate several permits into one. The consolidated permit will have a catch history equal to the sum of the catch histories associated with the individual permits.
Speckled Hind and Warsaw Grouper
Dual classification provides more flexibility in the IFQ program because these species are caught in both shallow and deep water. Warsaw grouper and speckled hind are currently considered DWG species. For the purposes of the IFQ program, once a participant’s DWG allocation has been landed and sold, or transferred, or if a participant has no DWG allocation, then other SWG allocation could be used to land and sell Warsaw grouper and speckled hind.
This bulletin serves as a Small Entity Compliance Guide, complying with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996.
Copies of the final rule are available by contacting NOAA Fisheries Service’s Southeast Regional Office at 263 13th Avenue South, St. Petersburg, Florida 33701. The final rule can be obtained in electronic form from the Federal Register Web site: http://www.gpoaccess.gov/fr/index.html (use advanced search for final rules using “AX39” as a keyword).
This bulletin provides only a summary of the information regarding the existing regulations. Any discrepancies between this bulletin and the regulations as published in the Federal Register will be resolved in favor of the Federal Register.
Important Dates Associated With the Grouper and Tilefish IFQ Program
Southeast Fishery Bulletins will be sent reminding participants of these important dates.
Date Event
October 1 Permit holders on record as of this date will receive IFQ shares
Early Oct Permit holders will receive a notification letter of estimated shares and
allocation, plus instructions for participating in the IFQ program
November 1 Deadline for contacting NOAA Fisheries Service if notification letter is
not received
November 15 Last day to submit landing locations for pre-approval by January 1
December 1 Deadline for contacting NOAA Fisheries Service to change the years used
for initial qualification
December 1 Deadline for corporations with permits to submit corporate shareholder
information
January 1 IFQ program starts
April 1 Last day to submit appeals