Guidance for Limited Access Privilege Program
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).
In 2007 the National Marine Fisheries Service (NOAA Fisheries Service) solicited 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). It is expected that this guidance will identify topics that will be included in a forthcoming proposed rule. 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).
NOAA Fisheries Service is currently drafting guidance to address comments received, recommendations by the Government Accountability Office (see below), and the following topics/questions:
- Criteria for Fishing Communities and Regional Fishery Associations to participate in LAP programs.
- Meaning and application of the "substantial participation" requirement.
- Preventing quota holders from acquiring an "excessive share."
- Monitoring and periodic review of LAP programs.
- 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?
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 two 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
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.
