The Community Development Quota Program in Alaska (1999) / Chapter Skim
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Appendix E: Federal CDQ Regulations
Appendix E: Federal CDQ Regulations
Pages 172-188
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From page 172... ...
and locations. The Governor must make available for public review, at the time of public notification of the hearing, all state materials pertinent to the hearings and must include a transcript or summary of the public hearings with the Governor's recommendations to NMFS in accordance with this subpart.
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From page 173... ...
The Governor, after consultation with the Council, shall include in his or her written findings to NMFS recommending approval of a CDP, that the CDP meets the requirements of these regulations, the Magnuson Act, the Alaska Coastal Management Program, and other applicable law. At a minimum, the submission must discuss the determination of a community as eligible; information regarding community development, including goals and objectives; business information; and a statement of the managing organization's qualifications.
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From page 174... ...
Description of business relationships between all business partners or with other business interests, if any, including arrangements for management, audit control, and a plan to prevent quota overages. For purposes of this section, business partners means all individuals who have a financial interest in the CDQ project.
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From page 175... ...
Demonstration of management and technical expertise necessary to carry out the CDP as proposed by the CDP application (e.g., proven business experience as shown by a balance and income statement, including profit, loss, and the return on investment on all business ventures within the previous 12 months by the managing organization)
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From page 176... ...
(iv) NMFS will allocate no more than 33 percent of the total CDQ to any approved CDP application.
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From page 177... ...
(iii) A qualified applicant has submitted the CDP application and the applicant and managing organization have the support of each community participating in the proposed CDQ project as demonstrated through an official letter approved by the governing body of each such community.
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From page 178... ...
(B) The number and percentage of low income persons residing in the applicant communities, and the economic opportunities provided to them through employment under the CDP.
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From page 179... ...
(A) CDP applicants are required to submit annual progress reports to the Governor by June 30 of the year following allocation.
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From page 180... ...
(D) More than a 20-percent increase in the annual budget of an approved CDP project.
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From page 181... ...
It is the responsibility of the CDQ group to coordinate with the Governor to ensure that a proposed technical amendment does not meet the definition for a substantial amendment. Technical amendments require written notification to the Governor and NMFS before the change in a CDP occurs.
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From page 182... ...
NMFS also may partially suspend, suspend, or terminate any CDP at any time if NMFS finds a recipient of a CDQ allocation pursuant to the CDP is not complying with these regulations, other regulations, or provisions of the Magnuson Act or other applicable law. Publication of suspension or termination will appear in the Federal Register, along with the reasons therefor.
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From page 183... ...
Area 4B. In IPHC regulatory area 4B, 20 percent of the annual halibut quota shall be made available for the halibut CDQ program to eligible communities physically located in or proximate to this regulatory area.
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From page 184... ...
Area 4C. In IPHC regulatory area 4C, 50 percent of the halibut quota shall be made available for the halibut CDQ program to eligible communities physically located in IPHC regulatory area 4C.
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From page 185... ...
Observer coverage requirements for catcher vessels participating in the CDQ fisheries are in addition to any observer coverage requirements in subpart E of this part. Each catcher vessel delivering groundfish harvested under a CDQ, other than a catcher vessel delivering only unsorted codends to a processor or another vessel, must have a NMFS-certified observer on the vessel at all times while the vessel is participating in the CDQ fisheries, regardless of the vessel length.
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From page 186... ...
(i) The bin volume and marked and numbered increments must be certified by a registered engineer with no financial interest in fishing, fish processing, or fish tender vessels, or by a qualified organization that has been designated by the USCG Commandant, or an authorized representative thereof, for the purpose of classing or examining commercial fishing industry vessels under the provisions of 46 CFR 28.76.
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From page 187... ...
The Regional Director will issue a halibut and/or sablefish CDQ permit to the managing organization responsible for carrying out an approved CDQ project. A copy of the halibut and/or sablefish CDQ permit must be carried on any fishing vessel operated by or for the managing organization, and be made available for inspection by an authorized officer.
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From page 188... ...
The Regional Director will issue halibut and/or sablefish CDQ cards to all individuals named on an approved CDP application. Each halibut and/ or sablefish CDQ card will identify a CDQ permit number and the individual authorized by the managing organization to land halibut and/or sablefish for debit against its CDQ allocation.
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