600.1008—Implementation plan and implementation regulations.
(a)
As soon as practicable after deciding to initiate a program, NMFS will prepare and publish, for a 60-day public comment period, a proposed implementation plan and implementation regulations. During the public comment period, NMFS will conduct a public hearing of the proposed implementation plan and implementation regulations in each state that the program affects.
(b)
To the greatest extent practicable, NMFS will base the implementation plan and implementation regulations for a financed program on the business plan. The implementation plan for a financed program will describe in detail all relevant aspects of implementing the program, including:
(8)
The criteria for determining the types and number of fishing permits or fishing permits and fishing vessels eligible to participate in the program;
(12)
Any relevant post-referendum reduction procedures other than those in the implementation regulations or this subpart.
(c)
NMFS will base each implementation plan and implementation regulations for a subsidized program on the final development plan. The implementation plan will describe in detail all relevant aspects of implementing the program, including:
(5)
The criteria for determining the types and number of fishing permits or fishing permits and fishing vessels eligible to participate in the program;
(8)
Any relevant post-bidding program procedures other than those in the implementation regulations or this subpart.
(iii)
A bid opening date, before which a bidder may not bid, and a bid closing date, after which a bidder may not bid,
(iv)
A bid expiration date after which the irrevocable offer contained in each bid expires unless NMFS, before that date, accepts the bid by mailing a written acceptance notice to the bidder at the bidder's address of record,
(v)
The manner of bid submission and the information each bidder shall supply for NMFS to deem a bid responsive,
(3)
Specify such other provisions, in addition to and consistent with those in this subpart, necessary to regulate the individual terms and conditions of each program and reduction loan. This includes, but is not limited to:
(i)
Provisions for the payment of costs and penalties for non-payment, non-collection, non-deposit, and/or non-disbursement of the fee in accordance with § 600.1013 and § 600.1014 ,
(iii)
Any other aspect of fee payment, collection, deposit, disbursement, accounting, record keeping, and/or reporting.
(e)
NMFS will issue final implementation regulations and adopt a final implementation plan within 45 days of the close of the public-comment period.
(1)
For a financed program, the bidding results do not conform to the fishing capacity reduction specifications or a post-bidding referendum does not subsequently approve an industry fee system based on the bidding results;
(3)
For either a financed program or a subsidized program, if NMFS is unable to make all reduction payments due to a material adverse change.