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The New England IFQ Referendum Provision

This discussion explores the provisions of the MSFCMA §303A(c)(6)(D) related to the IFQ referendum process. It covers the guidelines and procedures for conducting a fair and equitable referendum, determining voter eligibility requirements, and considerations for additional fishery participants. The NEFMC's proposal for the referendum process and crew eligibility criteria are also discussed.

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The New England IFQ Referendum Provision

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  1. The New England IFQ Referendum Provision A discussion of MSFCMA §303A(c)(6)(D) Daniel.Morris@noaa.gov ph: 978.281.9337

  2. MSFCMA §303A(c)(6)(D) ~ paraphrased • The NEFMC may not submit and NMFS may not approve a new IFQ program proposal, unless such a system, as ultimately developed, has been approved by more than 2/3 of those voting in a referendum among eligible permit holders, or others (see below). • If the IFQ proposal fails to be approved, it may be revised and voted on again. • NMFS shall conduct a referendum, including notifying all persons eligible to participate and making available to them detailed information about the referendum and the IFQ proposal. • By Jan. 12, 2008, NMFS shall publish guidelines and procedures to determine procedures and voting eligibility requirements. • NMFS shall promulgate criteria for determining whether others can participate in the NE referendum to ensure that crew members who derive a significant percentage of their total income from the fishery are eligible to vote. IFQ Referendum Discussion -- NEFMC, June 2007

  3. MSRA Implementation Tasks, re: LAPPs • Referendum & voter eligibility procedures and guidelines per clause (ii). Working group with NERO, SERO, GCNE, GCF, & HQ. Proposal ~ Sep. ’07; final by Jan. ’08. • Crew eligibility criteria per clause (v). NERO lead. Same timeline. • ANPR for implementing regs on the new LAPP section, §303A – definitions, allocation, process, plan requirements, etc. HQ lead, nationally applicable. • Tech Memo on LAPPs. Reference document for Councils on market-based management concepts and issues. HQ lead. IFQ Referendum Discussion -- NEFMC, June 2007

  4. Council develops a final IFQ proposal w/ proposed allocation and voter eligibility req’ts. A Draft Model of The Referendum Process NMFS approves final permit holder voter eligibility req’ts and sets referendum details. Ongoing policy & reg development Publish procedures and guidelines for: -determining voter eligibility req’s -conducting referenda in a fair & equitable manner Working group, Jan 2008 Gulf FMC Only! NMFS Conducts the Referendum! NE Council proposal also recommends the req’ts for crew who may be eligible to vote Promulgate criteria: -for determining whether add’l fishery participants can participate -to ensure crew who earn significant % of income fm the fishery are eligible. NERO, Jan 2008 • FR Notice on process • Print/send ballots • Voter’s eligibility is verified • Receive/validate ballots • Tally and report to Council • FR Notice on results NE NMFS executes procedure to identify eligible crewmembers. • FR Notice, outreach • Possible mailings • Crew may request ballots IFQ Referendum Discussion -- NEFMC, June 2007

  5. MSFCMA §303A(c)(6)(D) IFQ Referendum – • Clause (ii) – Publish Procedures & Guidelines for: • Conducting a fair & equitable referendum. • Determining basic voter eligibility requirements. • What should be the procedures for a referendum? • What can be set in advance? What should be addressed in the Council’s IFQ proposal? • What factors should be considered to determine voter eligibility? Valid permit? Landings history? Control date? Geographic range? • Should voter eligibility be the same as the proposed quota allocation eligibility? IFQ Referendum Discussion -- NEFMC, June 2007

  6. MSFCMA §303A(c)(6)(D) IFQ Referendum – • Clause (v) – Promulgate Criteria for: • Determining whether add’l fishery participants are eligible to vote. • To ensure crew who derive a significant percentage of their total income from the fishery are eligible. • By what criteria should we determine whether other fishery participants are eligible to participate? For example: • Self-identification and self-certification when the referendum is announced? • Self-ID & income documentation following an NOI/control date? • Vessel owner annual report on crew as part of permit renewal? • Regular crew registration and income filings? • What is a crew member? Should one’s work history, shipboard duties, age, crew share, or other factors be considered? • What is a significant percentage of one’s total income? What sources of income can/should be considered? IFQ Referendum Discussion -- NEFMC, June 2007

  7. Thanks very much for the Council’s time & input. Daniel.Morris@noaa.gov ph: 978.281.9337 IFQ Referendum Discussion -- NEFMC, June 2007

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