81_FR_45593 81 FR 45458 - Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Crab Rationalization Cost Recovery Program

81 FR 45458 - Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Crab Rationalization Cost Recovery Program

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 135 (July 14, 2016)

Page Range45458-45459
FR Document2016-16655

NMFS publishes notification of a 1.60 percent fee for cost recovery under the Bering Sea and Aleutian Islands Crab Rationalization Program. This action is intended to provide holders of crab allocations with the fee percentage for the 2016/2017 crab fishing year so they can calculate the required payment for cost recovery fees that must be submitted by July 31, 2017.

Federal Register, Volume 81 Issue 135 (Thursday, July 14, 2016)
[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)]
[Notices]
[Pages 45458-45459]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16655]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE693


Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands Crab Rationalization Cost Recovery Program

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notification of fee percentage.

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SUMMARY: NMFS publishes notification of a 1.60 percent fee for cost 
recovery under the Bering Sea and Aleutian Islands Crab Rationalization 
Program. This action is intended to provide holders of crab allocations 
with the fee percentage for the 2016/2017 crab fishing year so they can 
calculate the required payment for cost recovery fees that must be 
submitted by July 31, 2017.

DATES: The Crab Rationalization Program Registered Crab Receiver permit 
holder is responsible for submitting the fee liability payment to NMFS 
on or before July 31, 2017.

FOR FURTHER INFORMATION CONTACT: Keeley Kent, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    NMFS Alaska Region administers the Bering Sea and Aleutian Islands 
Crab Rationalization Program (Program) in the North Pacific. Fishing 
under the Program began on August 15, 2005. Regulations implementing 
the Program can be found at 50 CFR part 680.
    The Program is a limited access system authorized by section 313(j) 
of the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act). The Program includes a cost recovery provision 
to collect fees to recover the actual costs directly related to the 
management, data collection, and enforcement of the Program. The 
Program implemented under the authority of section 313(j) is consistent 
with the cost recovery provisions included under section 304(d)(2)(A) 
of the Magnuson-Stevens Act. NMFS developed the cost recovery provision 
to conform to statutory requirements and to reimburse the agency for 
the actual costs directly related to the management, data collection, 
and enforcement of the Program. The cost recovery provision allows 
collection of 133 percent of the actual management, data collection, 
and enforcement costs up to 3 percent of the

[[Page 45459]]

ex-vessel value of crab harvested under the Program. The Program 
provides that a proportional share of fees charged for management and 
enforcement be forwarded to the State of Alaska for its share of 
management and data collection costs for the Program. The cost recovery 
provision also requires the harvesting and processing sectors to each 
pay half the cost recovery fees. Catcher/processor quota shareholders 
are required to pay the full fee percentage for crab processed at sea.
    A crab allocation holder generally incurs a cost recovery fee 
liability for every pound of crab landed. The crab allocations include 
Individual Fishing Quota, Crew Individual Fishing Quota, Individual 
Processing Quota, Community Development Quota, and the Adak community 
allocation. The Registered Crab Receiver (RCR) permit holder must 
collect the fee liability from the crab allocation holder who is 
landing crab. Additionally, the RCR permit holder must collect his or 
her own fee liability for all crab delivered to the RCR. The RCR permit 
holder is responsible for submitting this payment to NMFS on or before 
July 31, in the year following the crab fishing year in which landings 
of crab were made.
    The dollar amount of the fee due is determined by multiplying the 
fee percentage (not to exceed 3 percent) by the ex-vessel value of crab 
debited from the allocation. Specific details on the Program's cost 
recovery provision may be found in the implementing regulations at 50 
CFR 680.44.

Fee Percentage

    Each year, NMFS calculates and publishes in the Federal Register 
the fee percentage according to the factors and methodology described 
in Federal regulations at Sec.  680.44(c)(2). The formula for 
determining the fee percentage is the ``direct program costs'' divided 
by ``value of the fishery,'' where ``direct program costs'' are the 
direct program costs for the Program for the previous fiscal year, and 
``value of the fishery'' is the ex-vessel value of the catch subject to 
the crab cost recovery fee liability for the current year. Fee 
collections for any given year may be less than, or greater than, the 
actual costs and fishery value for that year, because, by regulation, 
the fee percentage is established in the first quarter of a crab 
fishery year based on the fishery value and the costs of the prior 
year.
    Based upon the fee percentage formula described above, the 
estimated percentage of costs to value for the 2015/2016 fishery was 
1.60 percent. Therefore, the fee percentage will be 1.60 percent for 
the 2016/2017 crab fishing year. This is an increase of 0.12 percent 
from the 2015/2016 fee percentage of 1.48 percent (80 FR 42792, July 
20, 2015). The change in the fee percentage from 2015/2016 to 2016/2017 
is due to an increase in Alaska Department of Fish and Game management 
costs. These additional costs were necessary to process, analyze, and 
report fishery data for monitoring and management of the crab fisheries 
in the Program. Additionally, the value of crab harvested under the 
Program decreased by $1.6 million. This decrease in value of the 
fishery contributed to the increase in the fee percentage between 2015/
2016 and 2016/2017.

    Authority: 16 U.S.C. 1862; Pub. L. 109-241; Pub. L. 109-479.


    Dated: July 11, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-16655 Filed 7-13-16; 8:45 am]
 BILLING CODE 3510-22-P



                                                    45458                           Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Notices

                                                    number (i.e., at that exporter’s rate) will               rate for Bolong because the Department                DEPARTMENT OF COMMERCE
                                                    be liquidated at the PRC-wide rate.17                     will not have determined an individual
                                                      If we proceed to a final rescission of                  margin of dumping for this company. If                National Oceanic and Atmospheric
                                                    the NSR, Bolong’s entries will be                         the Department issues final results for               Administration
                                                    assessed at the rate entered.18 If we do                  the NSR, the Department will instruct                 RIN 0648–XE693
                                                    not proceed to a final rescission of the                  CBP to collect a cash deposit, effective
                                                    NSR, pursuant to 19 CFR 351.212(b)(1),                    upon the publication of the final results,            Fisheries of the Exclusive Economic
                                                    we will calculate an importer-specific                    at the rate established therein.                      Zone Off Alaska; Bering Sea and
                                                    assessment rate for Bolong. We will                                                                             Aleutian Islands Crab Rationalization
                                                    instruct CBP to assess antidumping                        Notification to Importers                             Cost Recovery Program
                                                    duties on all appropriate entries covered
                                                    by this NSR if the importer-specific                        This notice also serves as a                        AGENCY:  National Marine Fisheries
                                                    assessment rate calculated in the final                   preliminary reminder to importers of                  Service (NMFS), National Oceanic and
                                                    results of this NSR is above de                           their responsibility under 19 CFR                     Atmospheric Administration (NOAA),
                                                    minimis.19                                                351.402(f) to file a certificate regarding            Commerce.
                                                                                                              the reimbursement of antidumping                      ACTION: Notification of fee percentage.
                                                    Cash Deposit Requirements                                 duties prior to liquidation of the
                                                       The following cash deposit                             relevant entries during this review                   SUMMARY:   NMFS publishes notification
                                                    requirements will be effective upon                       period. Failure to comply with this                   of a 1.60 percent fee for cost recovery
                                                    publication of the final results of this                  requirement could result in the                       under the Bering Sea and Aleutian
                                                    administrative review for all shipments                   Secretary’s presumption that                          Islands Crab Rationalization Program.
                                                    of the subject merchandise entered, or                    reimbursement of antidumping duties                   This action is intended to provide
                                                    withdrawn from warehouse, for                             occurred and the subsequent assessment                holders of crab allocations with the fee
                                                    consumption on or after the publication                   of double antidumping duties.                         percentage for the 2016/2017 crab
                                                    date, as provided for by section                                                                                fishing year so they can calculate the
                                                                                                                We are issuing and publishing these                 required payment for cost recovery fees
                                                    751(a)(2)(C) of the Act: (1) For the
                                                                                                              preliminary results of reviews in                     that must be submitted by July 31, 2017.
                                                    exporters listed above which have a
                                                    separate rate, the cash deposit rate will                 accordance with sections 751(a)(l),                   DATES: The Crab Rationalization
                                                    be the rate established in the final                      751(a)(2)(B) and 777(i)(l) of the Act, and            Program Registered Crab Receiver
                                                    results of this review (except, if the rate               19 CFR 351.221(b)(4).                                 permit holder is responsible for
                                                    is zero or de minimis, then a cash                          Dated: July 5, 2016.                                submitting the fee liability payment to
                                                    deposit rate of zero will be established                  Ronald K. Lorentzen,                                  NMFS on or before July 31, 2017.
                                                    for that company); (2) for previously                     Acting Assistant Secretary for Enforcement            FOR FURTHER INFORMATION CONTACT:
                                                    investigated or reviewed PRC and non-                     and Compliance.                                       Keeley Kent, 907–586–7228.
                                                    PRC exporters not listed above that have                                                                        SUPPLEMENTARY INFORMATION:
                                                    separate rates, the cash deposit rate will                Appendix—List of Topics Discussed in
                                                    continue to be the exporter-specific rate                 the Preliminary Decision Memorandum                   Background
                                                    published for the most recently                           1. Summary                                               NMFS Alaska Region administers the
                                                    completed segment of this proceeding;                     2. Background                                         Bering Sea and Aleutian Islands Crab
                                                    (3) for all PRC exporters of subject                      3. Scope of the Order                                 Rationalization Program (Program) in
                                                    merchandise that have not been found                      4. Bona Fides Analysis                                the North Pacific. Fishing under the
                                                    to be entitled to a separate rate, the cash               5. Discussion of the Methodology for the              Program began on August 15, 2005.
                                                    deposit rate will be the rate for the PRC-                      Administrative Review                           Regulations implementing the Program
                                                    wide entity, 92.84 percent; and (4) for                      a. Non-Market Economy Country                      can be found at 50 CFR part 680.
                                                    all non-PRC exporters of subject                             b. Separate Rates                                     The Program is a limited access
                                                    merchandise which have not received                          c. Separate Rate Assigned to Non-Selected          system authorized by section 313(j) of
                                                    their own rate, the cash deposit rate will                      Companies                                       the Magnuson-Stevens Fishery
                                                    be the rate applicable to the PRC                            d. The PRC-Wide Entity                             Conservation and Management Act
                                                    exporter(s) that supplied that non-PRC                       e. Collapsing of CPZ/SKF With Another              (Magnuson-Stevens Act). The Program
                                                    exporter. These deposit requirements,                           Producer of TRBs                                includes a cost recovery provision to
                                                    when imposed, shall remain in effect                         f. Surrogate Country                               collect fees to recover the actual costs
                                                    until further notice.                                        g. Date of Sale                                    directly related to the management, data
                                                       Effective upon publication of the final                   h. Comparisons to Normal Value                     collection, and enforcement of the
                                                    rescission or the final results of the                       i. Determination of Comparison Method              Program. The Program implemented
                                                    NSR, pursuant to section                                     j. Constructed Export Price                        under the authority of section 313(j) is
                                                    751(a)(2)(B)(iii) of the Act and 19 CFR                      k. Value-Added Tax (VAT)                           consistent with the cost recovery
                                                    351.214(e), the Department will instruct                     l. Normal Value                                    provisions included under section
                                                    CBP to discontinue the option of posting                     m. Currency Conversion                             304(d)(2)(A) of the Magnuson-Stevens
                                                    a bond or security in lieu of a cash                      6. Conclusion                                         Act. NMFS developed the cost recovery
                                                    deposit for entries of subject                            [FR Doc. 2016–16467 Filed 7–13–16; 8:45 am]           provision to conform to statutory
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    merchandise by Bolong. If the                             BILLING CODE 3510–DS–P                                requirements and to reimburse the
                                                    Department proceeds to a final                                                                                  agency for the actual costs directly
                                                    rescission of the NSR, the cash deposit                                                                         related to the management, data
                                                    rate will continue to be the PRC-wide                                                                           collection, and enforcement of the
                                                      17 For a full discussion of this practice, see Non-
                                                                                                                                                                    Program. The cost recovery provision
                                                    Market Economy Antidumping Proceedings:
                                                                                                                                                                    allows collection of 133 percent of the
                                                    Assessment of Antidumping Duties, 76 FR 65694                                                                   actual management, data collection, and
                                                    (October 24, 2011).                                                                                             enforcement costs up to 3 percent of the


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                                                                                   Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Notices                                           45459

                                                    ex-vessel value of crab harvested under                  1.60 percent for the 2016/2017 crab                   applications for proposed Exempted
                                                    the Program. The Program provides that                   fishing year. This is an increase of 0.12             Fishing Permits.
                                                    a proportional share of fees charged for                 percent from the 2015/2016 fee                        DATES: Comments must be received on
                                                    management and enforcement be                            percentage of 1.48 percent (80 FR 42792,              or before July 29, 2016.
                                                    forwarded to the State of Alaska for its                 July 20, 2015). The change in the fee                 ADDRESSES: You may submit written
                                                    share of management and data                             percentage from 2015/2016 to 2016/                    comments by any of the following
                                                    collection costs for the Program. The                    2017 is due to an increase in Alaska                  methods:
                                                    cost recovery provision also requires the                Department of Fish and Game                              • Email: nmfs.gar.efp@noaa.gov.
                                                    harvesting and processing sectors to                     management costs. These additional                    Include in the subject line ‘‘CCE FSB
                                                    each pay half the cost recovery fees.                    costs were necessary to process,                      mesh selectivity EFP.’’
                                                    Catcher/processor quota shareholders                     analyze, and report fishery data for                     • Mail: John K. Bullard, Regional
                                                    are required to pay the full fee                         monitoring and management of the crab                 Administrator, NMFS, Greater Atlantic
                                                    percentage for crab processed at sea.                    fisheries in the Program. Additionally,               Regional Fisheries Office, 55 Great
                                                       A crab allocation holder generally                    the value of crab harvested under the                 Republic Drive, Gloucester, MA 01930.
                                                    incurs a cost recovery fee liability for                 Program decreased by $1.6 million. This               Mark the outside of the envelope
                                                    every pound of crab landed. The crab                     decrease in value of the fishery                      ‘‘Comments on CCE FSB mesh
                                                    allocations include Individual Fishing                   contributed to the increase in the fee                selectivity EFP.’’
                                                    Quota, Crew Individual Fishing Quota,                    percentage between 2015/2016 and                         • Fax: (978) 281–9135.
                                                    Individual Processing Quota,                             2016/2017.                                            FOR FURTHER INFORMATION CONTACT:
                                                    Community Development Quota, and
                                                                                                               Authority: 16 U.S.C. 1862; Pub. L. 109–             Elizabeth Scheimer, Fisheries
                                                    the Adak community allocation. The                       241; Pub. L. 109–479.                                 Management Specialist, 978–281–9236.
                                                    Registered Crab Receiver (RCR) permit
                                                    holder must collect the fee liability from                                                                     SUPPLEMENTARY INFORMATION: Cornell
                                                                                                               Dated: July 11, 2016.
                                                    the crab allocation holder who is                                                                              Cooperative Extension (CCE) submitted
                                                                                                             Emily H. Menashes,
                                                    landing crab. Additionally, the RCR                                                                            a complete application for an Exempted
                                                                                                             Acting Director, Office of Sustainable                Fishing Permit (EFP) on June 6, 2016.
                                                    permit holder must collect his or her                    Fisheries, National Marine Fisheries Service.
                                                    own fee liability for all crab delivered to                                                                    They are seeking regulatory exemptions
                                                                                                             [FR Doc. 2016–16655 Filed 7–13–16; 8:45 am]           to allow gear research to be conducted
                                                    the RCR. The RCR permit holder is
                                                                                                             BILLING CODE 3510–22–P                                on a commercial vessel fishing for a
                                                    responsible for submitting this payment
                                                    to NMFS on or before July 31, in the                                                                           project funded by the Mid-Atlantic
                                                    year following the crab fishing year in                                                                        Fishery Management Council’s
                                                                                                             DEPARTMENT OF COMMERCE                                collaborative research initiative. The
                                                    which landings of crab were made.
                                                       The dollar amount of the fee due is                   National Oceanic and Atmospheric                      EFP would authorize exemptions from
                                                    determined by multiplying the fee                        Administration                                        the minimum mesh size and net
                                                    percentage (not to exceed 3 percent) by                                                                        modification requirements found at 50
                                                    the ex-vessel value of crab debited from                 RIN 0648–XE691                                        CFR 648.108, 648.125, and 648.144. Any
                                                    the allocation. Specific details on the                                                                        fishing activity conducted outside the
                                                                                                             Magnuson-Stevens Act Provisions;                      scope of the exempted fishing activity
                                                    Program’s cost recovery provision may
                                                                                                             General Provisions for Domestic                       would be prohibited, including landing
                                                    be found in the implementing
                                                                                                             Fisheries; Application for Exempted                   fish in excess of a possession limit or
                                                    regulations at 50 CFR 680.44.
                                                                                                             Fishing Permits                                       below the minimum size.
                                                    Fee Percentage                                                                                                    Experimental fishing activity would
                                                                                                             AGENCY:  National Marine Fisheries
                                                       Each year, NMFS calculates and                        Service (NMFS), National Oceanic and                  compare the composition, commercial
                                                    publishes in the Federal Register the fee                Atmospheric Administration (NOAA),                    yield, retention efficiency, discards, and
                                                    percentage according to the factors and                  Commerce.                                             size selectivity of five different codends
                                                    methodology described in Federal                         ACTION: Notice; request for comments.                 in the summer flounder, scup, and black
                                                    regulations at § 680.44(c)(2). The                                                                             sea bass commercial bottom trawl
                                                    formula for determining the fee                          SUMMARY:   The Assistant Regional                     fishery in the Mid-Atlantic. The current
                                                    percentage is the ‘‘direct program costs’’               Administrator for Sustainable Fisheries,              regulated mesh sizes are 5.5-inch (13.97-
                                                    divided by ‘‘value of the fishery,’’ where               Greater Atlantic Region, NMFS, has                    cm) diamond or 6-inch (15.24-cm)
                                                    ‘‘direct program costs’’ are the direct                  made a preliminary determination that                 square for summer flounder, 5-inch
                                                    program costs for the Program for the                    an Exempted Fishing Permit application                (12.7-cm) diamond for scup, and 4.5-
                                                    previous fiscal year, and ‘‘value of the                 contains all of the required information              inch (11.43-cm) diamond for black sea
                                                    fishery’’ is the ex-vessel value of the                  and warrants further consideration. The               bass. This project would test diamond
                                                    catch subject to the crab cost recovery                  Exempted Fishing Permit would allow                   mesh in 4.5-inch (11.43-cm), 5-inch
                                                    fee liability for the current year. Fee                  one commercial fishing vessel to fish                 (12.7-cm), 5.5-inch (13.97-cm), 6-inch
                                                    collections for any given year may be                    outside of the summer flounder, scup,                 (15.24-cm), and 6-inch (15.24-cm)
                                                    less than, or greater than, the actual                   and black sea bass regulations in                     square mesh.
                                                    costs and fishery value for that year,                   support of research conducted by the                     The research would be conducted on
                                                    because, by regulation, the fee                          Cornell Cooperative Extension. These                  a commercial fishing vessel using a
                                                    percentage is established in the first                   exemptions would enable research                      trouser trawl that would allow an
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    quarter of a crab fishery year based on                  designed to quantify codend mesh                      experimental codend and the control
                                                    the fishery value and the costs of the                   selectivity for summer flounder, black                codend to be fished at the same time.
                                                    prior year.                                              sea bass, and scup.                                   The control codend would be a standard
                                                       Based upon the fee percentage                           Regulations under the Magnuson-                     squid liner with 6-cm diamond mesh.
                                                    formula described above, the estimated                   Stevens Fishery Conservation and                         The researchers would conduct the
                                                    percentage of costs to value for the                     Management Act require publication of                 experiment across the wide range of
                                                    2015/2016 fishery was 1.60 percent.                      this notification to provide interested               strata and conditions representative of
                                                    Therefore, the fee percentage will be                    parties the opportunity to comment on                 this fishery. Tow speeds, tow cable


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Document Created: 2016-07-14 01:55:00
Document Modified: 2016-07-14 01:55:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotification of fee percentage.
DatesThe Crab Rationalization Program Registered Crab Receiver permit holder is responsible for submitting the fee liability payment to NMFS on or before July 31, 2017.
ContactKeeley Kent, 907-586-7228.
FR Citation81 FR 45458 
RIN Number0648-XE69

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