80 FR 81808 - Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Trawl Rationalization Program; 2016 Cost Recovery
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 251 (December 31, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 251 (December 31, 2015)
| Page Range | 81808-81809 | |
| FR Document | 2015-32946 |
[Federal Register Volume 80, Number 251 (Thursday, December 31, 2015)] [Notices] [Pages 81808-81809] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-32946] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE380 Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Trawl Rationalization Program; 2016 Cost Recovery AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; 2016 cost recovery fee percentages and mothership (MS) pricing. ----------------------------------------------------------------------- SUMMARY: This action provides participants in the Pacific coast groundfish trawl rationalization program with the 2016 fee percentages and ``MS pricing'' needed to calculate the required payments for trawl rationalization program cost recovery fees due in 2016. For calendar year 2016, NMFS announces the following fee percentages by sector: 3.0 percent for the Shorebased Individual Fishing Quota (IFQ) Program; 2.5 percent for the MS Coop Program; and 0.7 percent for the Catcher/ Processer (C/P) Coop Program. For 2016, the MS pricing to be used as a proxy by the C/P Coop Program is: $0.11/lb for Pacific whiting. DATES: Effective January 1, 2016. FOR FURTHER INFORMATION CONTACT: Christopher Biegel, Cost Recovery Program Coordinator, (503) 231-6291, fax (503) 872-2737, email Christopher.Biegel@NOAA.gov. SUPPLEMENTARY INFORMATION: The Magnuson[hyphen]Stevens Fishery Conservation and Management Act (MSA) requires NMFS to collect fees to recover the costs directly related to the management, data collection, and enforcement of a limited access privilege program (LAPP) (16 U.S.C. 1854(d)(2)), also called ``cost recovery.'' The Pacific coast groundfish trawl rationalization program is a LAPP, implemented in 2011, and consists of three sectors: The Shorebased IFQ Program, the MS Coop Program, and the C/P Coop Program. In accordance with the MSA, and based on a recommended structure and methodology developed in coordination with the Pacific Fishery Management Council, NMFS began collecting mandatory fees of up to three percent of the ex[hyphen]vessel value of groundfish from each sector (Shorebased IFQ Program, MS Coop Program, and C/P Coop Program) in 2014. NMFS collects the fees to recover the incremental costs of management, data collection, and enforcement of the trawl rationalization program. Additional background can be found in the cost recovery proposed and final rules, 78 FR 7371 (February 1, 2013) and 78 FR 75268 (December 11, 2013), respectively. The details of cost recovery for the groundfish trawl rationalization program are in regulation at 50 CFR 660.115 (trawl fishery cost recovery program), Sec. 660.140 (Shorebased IFQ Program), Sec. 660.150 (MS Coop Program), and Sec. 660.160 (C/P Coop Program). By December 31 of each year, NMFS must announce the next year's fee percentages, and the applicable MS pricing for the C/P Coop Program. NMFS calculated the 2016 fee percentages by sector using the best available information. For 2016, the fee percentages by sector, which must not exceed three percent of the ex-vessel value of fish harvested, are:3.0 percent for the Shorebased IFQ Program, 2.5 percent for the MS Coop Program 0.7 percent for the C/P Coop Program. To calculate the fee percentages, NMFS used the formula specified in regulation at Sec. 660.115(b)(1), where the fee percentage by sector equals the lower of three percent or direct program costs (DPC) for that sector divided by total ex-vessel value (V) for that sector multiplied by 100 (Fee percentage = the lower of 3% or (DPC/V) x 100). ``DPC,'' as defined in the regulations at Sec. 660.115(b)(1)(i), are the actual incremental costs for the previous fiscal year directly related to the management, data collection, and enforcement of each sector (Shorebased IFQ Program, MS Coop Program, and C/P Coop Program). Actual incremental costs means those net costs that would not have been incurred but for the implementation of the trawl rationalization program, including both increased costs for new requirements of the program and reduced costs resulting from any program efficiencies. Similar to [[Page 81809]] previous years, NMFS only included the cost of employees' time (salary and benefits) spent working on the program in calculating DPC rather than all incremental costs of management, data collection, and enforcement. NMFS is still evaluating how to incorporate additional costs and may, in coordination with the Pacific Fishery Management Council, do so in the future. ``V'', as specified at Sec. 660.115(b)(1)(ii), is the total ex- vessel value, as defined at Sec. 660.111, for each sector from the previous calendar year. To calculate ``V'' for use in determining 2016 fee percentages, electronic fish ticket data in the Pacific Fisheries Information Network (PacFIN) are used for the Shorebased IFQ Program. The MS Coop Program and the C/P Coop Program values are calculated using the average price of whiting derived from those reported on the MS Coop Program cost recovery form from calendar year 2014. This average price ($0.11) and the retained catch estimates (weight) from the observer data (as reported in PacFIN from NORPAC) were used to calculate the ``V'' for the MS and C/P Coop Programs. Ex-vessel values and amounts landed each year fluctuate, and the amount NMFS collects each year in cost recovery fees also fluctuate accordingly. When the cost recovery fees collected by NMFS are greater or less than the actual net incremental costs incurred for a given year, the fee percentage for the following year will be adjusted accordingly (as specified Sec. 660.115(b)(1)(i)). It is expected that, in 2015, the Shorebased IFQ Program will have paid $292,051.99 less than the 2014 DPC used to calculate its 2015 fee percentage. As the Shorebased IFQ Program fee percentage for 2016 has already been capped at the maximum 3.0 percent, there will be no fee adjustment for that sector. It is expected that, in 2015, the MS Coop Program will have paid $82,642.35 less than the 2014 DPC used to calculate its 2015 fee percentage. Therefore, the MS Coop Program DPC used to calculate the 2016 fee percentage will be adjusted upward by $82,642.35. The adjustment to the C/P Coop program costs used to determine the 2015 fee percentage showed that NMFS anticipated collecting $15,295.71 more than the costs used to determine the 2015 fee, resulting in a fee percentage of negative 0.1. However, because a fee percentage cannot be negative, NMFS set the 2015 C/P Coop program cost recovery fee at 0.0 percent (79 FR 78400) and is now deducting $15,295.71 from the DPC used to calculate the 2016 fee percentage. ---------------------------------------------------------------------------------------------------------------- FY 2014 DPC used for 2015 calculation 2015 Fees expected Adjustment for 2016 ---------------------------------------------------------------------------------------------------------------- Shorebased IFQ Program............... $1,546,740.00 $1,254,688.01 N/A MS Coop Program...................... $177,110.00 $94,467.65 $82,642.35 C/P Coop Program..................... N/A $0.00 ($15,295.71) ---------------------------------------------------------------------------------------------------------------- The adjustments for the MS Coop and C/P Coop programs are included, and increase or reduce their DPC values which are shown below in the fee percentage calculations for that sector. Shorebased IFQ Program--3.0% = the lower of 3% or ($2,310,729.95/ $52,052,455) x 100 MS Coop Program--2.5% = the lower of 3% or ($372,976.40/$15,189,237) x 100 C/P Coop Program--0.7% = the lower of 3% or ($168,971.09/$25,219,201) x 100. MS pricing is the average price per pound that the C/P Coop Program will use to determine their fee amount due (MS pricing multiplied by the value of the aggregate pounds of all groundfish species harvested by the vessel registered to a C/P-endorsed limited entry trawl permit, multiplied by the C/P fee percentage, equals the fee amount due). In past years, MS pricing was based on the average price per pound of Pacific whiting as reported in PacFIN from the Shorebased IFQ Program. In other words, data from the IFQ fishery was used as a proxy for the MS average price per pound to determine the ``MS pricing'' used in the calculation for the C/P sector's fee amount due. For 2016 MS pricing, NMFS used values derived from those reported on the MS Coop Program cost recovery form from calendar year 2014 as this was determined to be the best information available. NMFS has calculated the 2016 MS pricing to be used as a proxy by the C/P Coop Program as: $0.11/lb for Pacific whiting. Cost recovery fees are submitted to NMFS by Fish buyers via Pay.gov (https://www.pay.gov/paygov/). Fish buyers registered with Pay.gov can login in the upper left-hand corner of the screen. Fish buyers not registered with Pay.gov can go to the cost recovery forms directly from the Web site below. Click on the link to Pacific Coast Groundfish Cost Recovery for your sector (IFQ, MS, or C/P): https://www.pay.gov/public/search/global?searchString=pacific+cost+recovery&formToken=4e5bc6b4-6ba8-4db4-9850-e73756a06775. As stated in the preamble to the cost recovery proposed and final rules, in the spring of each year, NMFS will release an annual report documenting the details and data used for the above calculations. The report will include information such as the fee percentage calculation, program costs, and ex-vessel value by sector. The annual report for fishing year 2013 and calculation for 2014 is available at: http://www.westcoast.fisheries.noaa.gov/publications/fishery_management/trawl_program/analytical%20docs/cost_recovery_annual_report_01.pdf. The annual report for fishing year 2015 and calculation for 2016 will be made available to the public electronically via the NMFS West Coast Region Groundfish Web site http://www.westcoast.fisheries.noaa.gov/fisheries/groundfish_catch_shares/index.html. Authority: 16 U.S.C. 1801 et seq. Dated: December 28, 2015. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015-32946 Filed 12-30-15; 8:45 am] BILLING CODE 3510-22-P
![81808 Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Notices
goals and objectives. Since the last Division, Office for Coastal implemented in 2011, and consists of
management plan, the Reserve has built Management, 1305 East-West Highway, three sectors: The Shorebased IFQ
out its core programs and monitoring N/ORM5, 10th floor, Silver Spring, MD Program, the MS Coop Program, and the
infrastructure; constructed several 20910. C/P Coop Program. In accordance with
facilities including a L.E.E.D. certified Dated: October 22, 2015. the MSA, and based on a recommended
Estuarine Research Center that serves as structure and methodology developed in
John King,
the reserve headquarters and includes coordination with the Pacific Fishery
Deputy Director, Office for Coastal
laboratories, offices, classrooms, Management Council, NMFS began
Management, National Ocean Service,
interpretative areas and dormitories; National Oceanic and Atmospheric collecting mandatory fees of up to three
and built new partnerships with Administration. percent of the ex-vessel value of
organizations along the Coastal Bend of [FR Doc. 2015–32942 Filed 12–30–15; 8:45 am]
groundfish from each sector
Texas. (Shorebased IFQ Program, MS Coop
BILLING CODE 3510–08–P
On October 1, 2015, NOAA issued a Program, and C/P Coop Program) in
notice of a thirty day public comment 2014. NMFS collects the fees to recover
period for the Mission-Aransas Reserve DEPARTMENT OF COMMERCE the incremental costs of management,
revised plan (80 FR 59138). Responses data collection, and enforcement of the
to the written and oral comments National Oceanic and Atmospheric trawl rationalization program.
received, and an explanation of how Administration Additional background can be found in
comments were incorporated into the the cost recovery proposed and final
RIN 0648–XE380 rules, 78 FR 7371 (February 1, 2013) and
final revised plan, are available in
Appendix K to the revised plan 78 FR 75268 (December 11, 2013),
Magnuson-Stevens Act Provisions;
(http://missionaransas.org/sites/default/ respectively. The details of cost
Fisheries Off West Coast States;
files/manerr/files/final_2015-2020_ recovery for the groundfish trawl
Pacific Coast Groundfish Fishery;
manerr_management_plan_appendices_ rationalization program are in regulation
Trawl Rationalization Program; 2016
dec_2015.pdf). at 50 CFR 660.115 (trawl fishery cost
Cost Recovery
With the approval of this management recovery program), § 660.140
plan, the Mission-Aransas Reserve will AGENCY: National Marine Fisheries (Shorebased IFQ Program), § 660.150
increase their total acreage from 185,708 Service (NMFS), National Oceanic and (MS Coop Program), and § 660.160 (C/P
acres to 186,189. The change is Atmospheric Administration (NOAA), Coop Program).
attributable to the recent acquisitions of Commerce. By December 31 of each year, NMFS
several parcels by Reserve partners, ACTION: Notice; 2016 cost recovery fee must announce the next year’s fee
totaling 481 acres. All of the proposed percentages and mothership (MS) percentages, and the applicable MS
additions are owned by existing Reserve pricing. pricing for the C/P Coop Program.
partners and will be managed for long- NMFS calculated the 2016 fee
term protection and conservation value. SUMMARY: This action provides percentages by sector using the best
These parcels have high ecological participants in the Pacific coast available information. For 2016, the fee
value and will enhance the Reserve’s groundfish trawl rationalization percentages by sector, which must not
ability to provide increased program with the 2016 fee percentages exceed three percent of the ex-vessel
opportunities for research, education, and ‘‘MS pricing’’ needed to calculate value of fish harvested, are:
the required payments for trawl • 3.0 percent for the Shorebased IFQ
and stewardship. The revised
rationalization program cost recovery Program,
management plan will serve as the • 2.5 percent for the MS Coop
guiding document for the expanded fees due in 2016. For calendar year
2016, NMFS announces the following Program
186,189 acre Mission-Aransas Reserve • 0.7 percent for the C/P Coop
for the next five years. The 2015–2020 fee percentages by sector: 3.0 percent for
the Shorebased Individual Fishing Program.
Mission-Aransas, Texas Reserve To calculate the fee percentages,
Management Plan, which contains a Quota (IFQ) Program; 2.5 percent for the
MS Coop Program; and 0.7 percent for NMFS used the formula specified in
more detailed description of the regulation at § 660.115(b)(1), where the
boundary change and acquired parcels, the Catcher/Processer (C/P) Coop
Program. For 2016, the MS pricing to be fee percentage by sector equals the
is available at (https:// lower of three percent or direct program
sites.cns.utexas.edu/manerr/about/ used as a proxy by the C/P Coop
Program is: $0.11/lb for Pacific whiting. costs (DPC) for that sector divided by
management-plan). total ex-vessel value (V) for that sector
The impacts of the revised DATES: Effective January 1, 2016.
multiplied by 100 (Fee percentage = the
management plan have not changed and FOR FURTHER INFORMATION CONTACT: lower of 3% or (DPC/V) × 100).
the initial Environmental Impact Christopher Biegel, Cost Recovery ‘‘DPC,’’ as defined in the regulations
Statement (EIS) prepared at the time of Program Coordinator, (503) 231–6291, at § 660.115(b)(1)(i), are the actual
designation is still valid. NOAA has fax (503) 872–2737, email incremental costs for the previous fiscal
made the determination that the Christopher.Biegel@NOAA.gov. year directly related to the management,
revision of the management plan will SUPPLEMENTARY INFORMATION: The data collection, and enforcement of each
not have a significant effect on the Magnuson-Stevens Fishery sector (Shorebased IFQ Program, MS
human environment and therefore Conservation and Management Act Coop Program, and C/P Coop Program).
qualifies for a categorical exclusion (MSA) requires NMFS to collect fees to Actual incremental costs means those
under NOAA Administrative Order
tkelley on DSK3SPTVN1PROD with NOTICES
recover the costs directly related to the net costs that would not have been
216–6. An environmental assessment management, data collection, and incurred but for the implementation of
will not be prepared. enforcement of a limited access the trawl rationalization program,
FOR FURTHER INFORMATION CONTACT: Matt privilege program (LAPP) (16 U.S.C. including both increased costs for new
Chasse at (301) 563–1198 or Erica 1854(d)(2)), also called ‘‘cost recovery.’’ requirements of the program and
Seiden at (301) 563–1172 of NOAA’s The Pacific coast groundfish trawl reduced costs resulting from any
National Ocean Service, Stewardship rationalization program is a LAPP, program efficiencies. Similar to
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![Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Notices 81809
previous years, NMFS only included the recovery form from calendar year 2014. already been capped at the maximum
cost of employees’ time (salary and This average price ($0.11) and the 3.0 percent, there will be no fee
benefits) spent working on the program retained catch estimates (weight) from adjustment for that sector.
in calculating DPC rather than all the observer data (as reported in PacFIN It is expected that, in 2015, the MS
incremental costs of management, data from NORPAC) were used to calculate Coop Program will have paid $82,642.35
collection, and enforcement. NMFS is the ‘‘V’’ for the MS and C/P Coop less than the 2014 DPC used to calculate
still evaluating how to incorporate Programs. its 2015 fee percentage. Therefore, the
additional costs and may, in Ex-vessel values and amounts landed
MS Coop Program DPC used to calculate
coordination with the Pacific Fishery each year fluctuate, and the amount
the 2016 fee percentage will be adjusted
Management Council, do so in the NMFS collects each year in cost
upward by $82,642.35.
future. recovery fees also fluctuate accordingly.
‘‘V’’, as specified at § 660.115(b)(1)(ii), When the cost recovery fees collected by The adjustment to the C/P Coop
is the total ex-vessel value, as defined at NMFS are greater or less than the actual program costs used to determine the
§ 660.111, for each sector from the net incremental costs incurred for a 2015 fee percentage showed that NMFS
previous calendar year. To calculate given year, the fee percentage for the anticipated collecting $15,295.71 more
‘‘V’’ for use in determining 2016 fee following year will be adjusted than the costs used to determine the
percentages, electronic fish ticket data accordingly (as specified 2015 fee, resulting in a fee percentage of
in the Pacific Fisheries Information § 660.115(b)(1)(i)). negative 0.1. However, because a fee
Network (PacFIN) are used for the It is expected that, in 2015, the percentage cannot be negative, NMFS
Shorebased IFQ Program. The MS Coop Shorebased IFQ Program will have paid set the 2015 C/P Coop program cost
Program and the C/P Coop Program $292,051.99 less than the 2014 DPC recovery fee at 0.0 percent (79 FR
values are calculated using the average used to calculate its 2015 fee 78400) and is now deducting $15,295.71
price of whiting derived from those percentage. As the Shorebased IFQ from the DPC used to calculate the 2016
reported on the MS Coop Program cost Program fee percentage for 2016 has fee percentage.
FY 2014 DPC used for 2015 Fees expected Adjustment for 2016
2015 calculation
Shorebased IFQ Program ........................................................... $1,546,740.00 $1,254,688.01 N/A
MS Coop Program ....................................................................... $177,110.00 $94,467.65 $82,642.35
C/P Coop Program ...................................................................... N/A $0.00 ($15,295.71)
The adjustments for the MS Coop and determined to be the best information The annual report for fishing year
C/P Coop programs are included, and available. NMFS has calculated the 2016 2015 and calculation for 2016 will be
increase or reduce their DPC values MS pricing to be used as a proxy by the made available to the public
which are shown below in the fee C/P Coop Program as: $0.11/lb for electronically via the NMFS West Coast
percentage calculations for that sector. Pacific whiting. Region Groundfish Web site http://www.
Shorebased IFQ Program—3.0% = the Cost recovery fees are submitted to westcoast.fisheries.noaa.gov/fisheries/
lower of 3% or ($2,310,729.95/ NMFS by Fish buyers via Pay.gov groundfish_catch_shares/index.html.
$52,052,455) × 100 (https://www.pay.gov/paygov/). Fish Authority: 16 U.S.C. 1801 et seq.
MS Coop Program—2.5% = the lower of buyers registered with Pay.gov can login
3% or ($372,976.40/$15,189,237) × in the upper left-hand corner of the Dated: December 28, 2015.
100 screen. Fish buyers not registered with Alan D. Risenhoover,
C/P Coop Program—0.7% = the lower of Pay.gov can go to the cost recovery Director, Office of Sustainable Fisheries,
3% or ($168,971.09/$25,219,201) × forms directly from the Web site below. National Marine Fisheries Service.
100. Click on the link to Pacific Coast [FR Doc. 2015–32946 Filed 12–30–15; 8:45 am]
MS pricing is the average price per Groundfish Cost Recovery for your BILLING CODE 3510–22–P
pound that the C/P Coop Program will sector (IFQ, MS, or C/P): https://www.
use to determine their fee amount due pay.gov/public/search/global?search
(MS pricing multiplied by the value of String=pacific+cost+recovery&form DEPARTMENT OF COMMERCE
the aggregate pounds of all groundfish Token=4e5bc6b4-6ba8-4db4-9850-
National Oceanic and Atmospheric
species harvested by the vessel e73756a06775.
As stated in the preamble to the cost Administration
registered to a C/P-endorsed limited
entry trawl permit, multiplied by the C/ recovery proposed and final rules, in the Submission for OMB Review;
P fee percentage, equals the fee amount spring of each year, NMFS will release Comment Request
due). In past years, MS pricing was an annual report documenting the
based on the average price per pound of details and data used for the above The Department of Commerce will
Pacific whiting as reported in PacFIN calculations. The report will include submit to the Office of Management and
from the Shorebased IFQ Program. In information such as the fee percentage Budget (OMB) for clearance the
other words, data from the IFQ fishery calculation, program costs, and ex- following proposal for collection of
was used as a proxy for the MS average vessel value by sector. The annual information under the provisions of the
tkelley on DSK3SPTVN1PROD with NOTICES
price per pound to determine the ‘‘MS report for fishing year 2013 and Paperwork Reduction Act (44 U.S.C.
pricing’’ used in the calculation for the calculation for 2014 is available at: Chapter 35).
C/P sector’s fee amount due. For 2016 http:// Agency: National Oceanic and
MS pricing, NMFS used values derived www.westcoast.fisheries.noaa.gov/ Atmospheric Administration (NOAA).
from those reported on the MS Coop publications/fishery_management/ Title: Highly Migratory Species
Program cost recovery form from trawl_program/analytical%20docs/cost_ Tournament Registration and Reporting.
calendar year 2014 as this was recovery_annual_report_01.pdf. OMB Control Number: 0648–0323.
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Document Created: 2015-12-31 02:14:56
Document Modified: 2015-12-31 02:14:56
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice; 2016 cost recovery fee percentages and mothership (MS) pricing. | |
| Dates | Effective January 1, 2016. | |
| Contact | Christopher Biegel, Cost Recovery Program Coordinator, (503) 231-6291, fax (503) 872-2737, email [email protected] | |
| FR Citation | 80 FR 81808 | |
| RIN Number | 0648-XE38 |
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