The New England IFQ Referendum Provision A discussion of MSFCMA §303A(c)(6)(D) ph:

IFQ Referendum Discussion -- NEFMC, June 2007 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 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 A Draft Model of The Referendum Process Publish procedures and guidelines for:-determining voter eligibility req’s-conducting referenda in a fair & equitable mannerWorking group, Jan 2008 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 NMFS approves finalpermit holder votereligibility req’ts and setsreferendum details. Council develops a final IFQ proposal w/ proposed allocation and voter eligibility req’ts. NMFS Conducts the Referendum! NE NMFS executesprocedure to identify eligiblecrewmembers. NE Council proposal also recommends the req’ts for crew who may be eligible to vote FR Notice on process Print/send ballots Voter’s eligibility is verified Receive/validate ballots Tally and report to Council FR Notice on results Ongoing policy & reg development FR Notice, outreach Possible mailings Crew may request ballots Gulf FMC Only!

IFQ Referendum Discussion -- NEFMC, June 2007 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 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 Thanks very much for the Council’s time & input. ph: