Guidance for Limited Access Privilege Programs
| UPDATE - (April 23, 2008) NOAA Fisheries is analyzing the comments, and evaluating the legal, technical and policy implications, as it determines the topics that will be addressed in the national guidance. |
* Please note that the comment period closed on September 30, 2007 *
What are Limited Access Privilege Programs (LAPPs)?
In the MSA, the term "limited access privilege"
(A) means a Federal permit, issued as part of a limited access system under section 303A to harvest a quantity of fish expressed by a unit or units representing a portion of the total allowable catch of the fishery that may be received or held for exclusive use by a person; and
(B) includes an individual fishing quota; but
- (C) does not include community development quotas as described in section 305(i).
We are seeking your input
The National Marine Fisheries Service (NOAA Fisheries) is soliciting public comment on what guidance is needed for the LAPP provisions found in section 303A of the Magnuson-Stevens Fishery Conservation and Management Act (MSA), as amended by the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (MSRA). NOAA Fisheries especially seeks comments describing any questions on the application of the LAPP provisions and input on what topics in MSA section 303A need interpretation.
Section 303A of the MSA contains provisions and requirements associated with the use of LAPPs. Subject to these provisions and requirements, much of the responsibility to develop a LAPP that best meets the needs of a specific fishery is left to the Regional Fishery Management Councils (Councils). In order to provide guidance that clarifies these provisions and requirements, NOAA Fisheries invites comments that will help it identify the topics that should be included in a proposed LAPP rule.
The Councils and others have already raised questions of interpretation about many LAPP requirements. For example, the MSA allows the Councils to develop such things as eligibility criteria for participation in a LAPP and procedures for allocating harvest privileges among participants in the fishery. Yet questions have been raised on whether certain entities are qualified to acquire or hold privileges.
Examples of questions that have been posed
Guided by the relevant provisions, what should be the requirements or limits on holding privileges?
What criteria should be used to determine whether businesses are “substantially dependent on a fishery”?
What factors should the agency use to determine if a Regional Fishery Association’s sustainability plan is “acceptable?”
How should the Councils and agency determine when it is necessary and appropriate under section 303A(c)(5)(C), to "assist ... entry level and small vessel owner-operators, captains, crew and fishing communities” to acquire privileges?
What activities should be included in the categories of cost recovery and should they be standardized across different LAPPs?
Further identification of any other questions would help NOAA Fisheries draft a proposed rule that helps ensure an orderly, efficient and consistent application of the LAPP provisions and requirements across different regions without compromising Council flexibility or innovation. Accordingly, this request invites the public to identify any other issues and concerns related to application of the new LAPP provisions.
Please note that guidance on conducting New England and Gulf of Mexico referenda mentioned in MSA section 303A(c)(6)(D) is being developed separately. Therefore, NOAA Fisheries is not seeking comments on referenda in this request.
Addressing Government Accountability Office (GAO) recommendations
NOAA Fisheries expects that the proposed rule will also address various GAO recommendations on Individual Fishing Quota (IFQ) programs, such as improving program management, protecting fishing communities, facilitating new entry into IFQ fisheries, and recovering costs. These recommendations are found in a series of GAO reports that are linked below.
GAO-03-159 Individual Fishing Quotas: Better Information Could Improve Program Management
GAO-05-241 Individual Fishing Quotas: Management Costs Varied and Were Not Recovered as Required
How your comments will be used
NOAA Fisheries will use the comments received inresponse to this request to help develop the proposed rule. The proposed rule is intended to guide the fishery management councils (Councils) and NOAA Fisheries regional offices in developing and implementing LAPPs.
NOAA Fisheries will review the comments received in response to this request; evaluate legal, technical and policy implications; frame options and recommendations; and issue guidance, as appropriate, through a public participatory process.
How to provide your comments
Send comments to Alan Risenhoover, Director, Office of Sustainable Fisheries, NMFS, Attn: LAPP Guidance. Comments may be submitted by:
- Mail: 1315 East-West Highway, SSMC3, Silver Spring, MD 20910
- Fax: 301-713-1193
- E-mail: LAP.Guidance@noaa.gov
Deadline for comments
Comments must be received on or before September 30, 2007.
Other sources of information
Magnuson-Stevens Fishery Conservation and Management Act, as amended through January 12, 2007
Questions? E-mail us at cyber.fish@noaa.gov or call (301) 713-2341.
For more information about fisheries management, visit NOAA Fisheries' Office of Sustainable Fisheries.
