81_FR_96216 81 FR 95966 - Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Trawl Rationalization Program; 2017 Cost Recovery

81 FR 95966 - Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Trawl Rationalization Program; 2017 Cost Recovery

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 250 (December 29, 2016)

Page Range95966-95968
FR Document2016-31624

This action provides participants in the Pacific coast groundfish trawl rationalization program with the 2017 fee percentages and ``MS pricing'' needed to calculate the required payments for trawl rationalization program cost recovery fees due in 2017. It also provides a redetermination of previous years' fees. For calendar year 2017, NMFS announces the following fee percentages by sector: 3.0 percent for the Shorebased Individual Fishing Quota (IFQ) Program, 0 percent for the MS Coop Program, 0 percent for the Catcher/Processer (C/P) Coop Program. For 2017, the MS pricing to be used as a proxy by the C/P Coop Program is: $0.08/lb for Pacific whiting.

Federal Register, Volume 81 Issue 250 (Thursday, December 29, 2016)
[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)]
[Notices]
[Pages 95966-95968]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31624]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF120


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; Trawl Rationalization Program; 2017 
Cost Recovery

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

ACTION: Notice; 2017 cost recovery fee percentages and mothership (MS) 
pricing.

-----------------------------------------------------------------------

SUMMARY: This action provides participants in the Pacific coast 
groundfish trawl rationalization program with the 2017 fee percentages 
and ``MS pricing'' needed to calculate the required payments for trawl 
rationalization program cost recovery fees due in 2017. It also 
provides a redetermination of previous years' fees. For calendar year 
2017, NMFS announces the following fee percentages by sector: 3.0 
percent for the Shorebased Individual Fishing Quota (IFQ) Program, 0 
percent for the MS Coop Program, 0 percent for the Catcher/Processer 
(C/P) Coop Program. For 2017, the MS pricing to be used as a proxy by 
the C/P Coop Program is: $0.08/lb for Pacific whiting.

DATES: Effective January 1, 2017.

FOR FURTHER INFORMATION CONTACT: Christopher Biegel, Cost Recovery 
Program Coordinator, (503) 231-6291, fax (503) 872-2737, email 
[email protected].

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 2017 fee percentages by sector using the best 
available information. In addition, NMFS revisited the methodology used 
to determine the direct program costs (DPC) attributable to each sector 
for fiscal years 2013, 2014, and 2015. NMFS' redetermination of the 
DPCs for those fiscal years resulted in a decrease in the DPCs used to 
determine the fee percentages for calendar years 2014, 2015, and 2016. 
For 2017, the fee percentages by sector, taking into account the 
redetermined DPCs and any adjustments, are:
     3.0 percent for the Shorebased IFQ Program,
     0 percent for the MS Coop Program,
     0 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 DPC for that sector divided 
by total ex-vessel value (V) for that sector multiplied by 100 (Fee 
percentage = the lower of 3 percent 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. 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 2017 
fee percentages, NMFS used the ex-vessel value for 2015 as reported in 
Pacific Fisheries Information Network (PacFIN) from electronic fish 
tickets. The electronic fish ticket data in PacFIN is for the 
Shorebased IFQ Program. Therefore, the ex-vessel value for both the MS 
Coop Program and the C/P Coop Program is a proxy based on the 
Shorebased IFQ Program ex-vessel price and on the retained catch 
estimates (weight) from the observer data 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 as 
specified at Sec.  660.115(b)(1)(i).

Redetermination of Past DPCs

    On August 10, 2016, the U.S. Court of Appeals for the Ninth Circuit 
issued its opinion in Glacier Fish Co. LLC v. Pritzker, 832 F.3d 1113 
(9th Cir. 2016), a case involving a challenge to NMFS' authority to 
recover cost recovery fees from members of the C/P Coop Program and the 
reasonableness of NMFS' calculation of the C/P Coop Program's 2014 fee 
percentage. The court upheld NMFS' authority to recover cost recovery 
fees from members of the C/P Coop Program because the C/P coop permit 
is a limited access privilege and

[[Page 95967]]

Glacier Fish Co. and other C/P coop members are reasonably considered a 
``holder'' of that privilege. The court also concluded that NMFS' cost 
recovery regulations were consistent with statutory requirements. 
However, the court held that the calculation of the 2014 CP Coop 
Program fee was inconsistent with NMFS' cost recovery regulations and 
the court remanded to NMFS to re-determine the 2014 fee.
    In response, NMFS has reevaluated and modified the methodology used 
to determine the C/P Coop Program's DPC for the 2014 fee calculation. 
The redetermination of the C/P Coop Program's 2014 fee also took into 
consideration discussions with Glacier Fish Co. and other 
representatives of C/P Coop members with respect to what costs should 
be considered actual incremental costs. One key change to the C/P Coop 
program's 2014 fee is the elimination of all time that was originally 
coded as ``general'' time and split evenly among the three sectors. 
Additional costs that NMFS determined to be more appropriately 
categorized as non-incremental were also removed. NMFS also made some 
adjustments to ensure contractor and employee time was appropriately 
distributed among the sectors to reflect the actual incremental costs. 
Finally, NMFS elected to apply a similar revised methodology for all 
sectors for all years, resulting in a reduction in each sector's DPCs. 
However, the Shorebased IFQ Program DPC remained above the 3 percent 
cap.
    NMFS' internal process for categorizing and tracking employee time 
in the trawl rationalization program has been refined over the years. 
For example, the use of the ``general'' time coding option was phased 
out by the West Coast Region and, with the exception of limited use by 
the Northwest Fisheries Science Center, was no longer used as of fiscal 
year 2015. NMFS will continue its efforts to ensure that employee time 
is only tracked for time spent on tasks that would not have been 
incurred but for the implementation of the trawl rationalization 
program, taking into account reduced costs resulting from any program 
efficiencies. A comparison of the original DPCs and the recalculated 
DPCs is below.

------------------------------------------------------------------------
                                       Initial DPC      Redetermined DPC
                                        (excluding         (excluding
                                       adjustments)       adjustments)
------------------------------------------------------------------------
Shorebased IFQ Program:
    2014..........................      $1,877,752.00      $1,599,610.25
    2015..........................       2,028,859.04       1,936,907.83
    2016..........................       2,339,529.95       1,887,535.24
    2017..........................       2,021,490.55                N/A
MS Coop Program:
    2014..........................         274,936.05          77,659.47
    2015..........................         233,300.78         129,565.98
    2016..........................         291,144.05         185,814.34
    2017..........................         167,549.51                N/A
C/P Coop Program:
    2014..........................         176,460.05          12,931.29
    2015..........................         158,631.88          40,487.70
    2016..........................         184,267.26          45,080.17
    2017..........................          63,448.85                N/A
------------------------------------------------------------------------

    The DPC values used to determine the 2017 fee percentages reflect 
the redetermined DPCs and any adjustments for past over or under 
payment. The adjustments can be seen here:

----------------------------------------------------------------------------------------------------------------
                                                                                   2014
                                                        --------------------------------------------------------
                                                                DPC                Fees            Adjustment
----------------------------------------------------------------------------------------------------------------
IFQ....................................................      $1,599,610.25      $1,356,285.28                N/A
MS.....................................................          77,659.47         347,450.65       -$269,791.18
CP.....................................................          12,931.29         350,387.25        -337,455.96
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                                         2015
                                     ---------------------------------------------------------------------------
                                             DPC          DPC w/adjustment         Fees            Adjustment
----------------------------------------------------------------------------------------------------------------
IFQ.................................      $1,936,907.83                N/A      $1,260,450.63                N/A
MS..................................         129,565.98       -$140,225.20          94,467.65       -$234,692.85
CP..................................          40,487.70        -296,968.26               0.00        -296,968.26
----------------------------------------------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                                         2016
                                     ---------------------------------------------------------------------------
                                             DPC          DPC w/adjustment      Fees (est)      Adjustment (est)
----------------------------------------------------------------------------------------------------------------
IFQ.................................      $1,887,535.24                N/A      $1,561,574.00                N/A
MS..................................         185,814.34        -$48,878.51         379,731.00       -$428,609.51
CP..................................          45,080.17        -251,888.09               0.00        -251,888.09
----------------------------------------------------------------------------------------------------------------


[[Page 95968]]


------------------------------------------------------------------------
                                                    2017
                                   -------------------------------------
                                           DPC          DPC w/adjustment
------------------------------------------------------------------------
IFQ...............................      $2,021,490.55                N/A
MS................................         167,549.51       -$261,060.01
CP................................          63,448.85        -188,439.24
------------------------------------------------------------------------

    Based on total fees paid to date and estimated fees received in 
2016, the adjusted DPCs for 2017 are:

Shorebased IFQ Program: $2,021,490.55
MS Coop Program: -$261,060.01
C/P Coop Program: -$188,439.24

    And the fee calculations using the adjusted 2017 DPCs are:

Shorebased IFQ Program: 3.0 percent = the lower of 3 percent or 
($2,021,490.55/$41,605,012.42) x 100
MS Coop Program: -6.0 percent = the lower of 3 percent or -$261,060.01/
$4,373,922.34) x 100
C/P Coop Program: -1.7 percent = the lower of 3 percent or (-
$188,439.24/$11,120,803.07) x 100

    As a fee cannot be set using a negative percentage, the 2017 fee 
percentages for the MS Coop Program and the C/P Coop Program will be 
set at 0.0 percent.
    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 2017 MS pricing, 
NMFS used values derived from those reported on the MS Coop Program 
cost recovery form from calendar year 2015 as this was determined to be 
the best information available. NMFS has calculated the 2017 MS pricing 
to be used as a proxy by the C/P Coop Program as: $0.08/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. Annual reports are 
available at: http://www.westcoast.fisheries.noaa.gov/fisheries/groundfish_catch_shares/rules_regulations/costrecovery.html.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: December 23, 2016.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2016-31624 Filed 12-28-16; 8:45 am]
 BILLING CODE 3510-22-P



                                                    95966                     Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices

                                                      The meeting is open to the public;                    recover the costs directly related to the                ‘‘DPC,’’ as defined in the regulations
                                                    however, during the ‘‘SARC Report                       management, data collection, and                      at § 660.115(b)(1)(i), are the actual
                                                    Writing’’ sessions on February 22nd and                 enforcement of a limited access                       incremental costs for the previous fiscal
                                                    23rd, the public should not engage in                   privilege program (LAPP) (16 U.S.C.                   year directly related to the management,
                                                    discussion with the SARC.                               1854(d)(2)), also called ‘‘cost recovery.’’           data collection, and enforcement of each
                                                                                                            The Pacific coast groundfish trawl                    sector (Shorebased IFQ Program, MS
                                                    Special Accommodations                                                                                        Coop Program, and C/P Coop Program).
                                                                                                            rationalization program is a LAPP,
                                                      This meeting is physically accessible                 implemented in 2011, and consists of                  Actual incremental costs means those
                                                    to people with disabilities. Special                    three sectors: The Shorebased IFQ                     net costs that would not have been
                                                    requests should be directed to Sheena                   Program, the MS Coop Program, and the                 incurred but for the implementation of
                                                    Steiner at the NEFSC, 508–495–2177, at                  C/P Coop Program. In accordance with                  the trawl rationalization program,
                                                    least 5 days prior to the meeting date.                 the MSA, and based on a recommended                   including both increased costs for new
                                                      Dated: December 20, 2016.                             structure and methodology developed in                requirements of the program and
                                                    Alan D. Risenhoover,                                    coordination with the Pacific Fishery                 reduced costs resulting from any
                                                                                                            Management Council, NMFS began                        program efficiencies. NMFS only
                                                    Director, Office of Sustainable Fisheries,
                                                    National Marine Fisheries Service.                      collecting mandatory fees of up to three              included the cost of employees’ time
                                                                                                            percent of the ex-vessel value of                     (salary and benefits) spent working on
                                                    [FR Doc. 2016–31087 Filed 12–28–16; 8:45 am]
                                                                                                            groundfish from each sector                           the program in calculating DPC rather
                                                    BILLING CODE 3510–22–P
                                                                                                            (Shorebased IFQ Program, MS Coop                      than all incremental costs of
                                                                                                            Program, and C/P Coop Program) in                     management, data collection, and
                                                                                                            2014. NMFS collects the fees to recover               enforcement. NMFS is still evaluating
                                                    DEPARTMENT OF COMMERCE
                                                                                                            the incremental costs of management,                  how to incorporate additional costs and
                                                    National Oceanic and Atmospheric                        data collection, and enforcement of the               may, in coordination with the Pacific
                                                    Administration                                          trawl rationalization program.                        Fishery Management Council, do so in
                                                                                                            Additional background can be found in                 the future.
                                                    RIN 0648–XF120                                                                                                   ‘‘V’’, as specified at § 660.115(b)(1)(ii),
                                                                                                            the cost recovery proposed and final
                                                                                                            rules, 78 FR 7371 (February 1, 2013) and              is the total ex-vessel value, as defined at
                                                    Magnuson-Stevens Act Provisions;                                                                              § 660.111, for each sector from the
                                                    Fisheries Off West Coast States;                        78 FR 75268 (December 11, 2013),
                                                                                                            respectively. The details of cost                     previous calendar year. To calculate
                                                    Pacific Coast Groundfish Fishery;                                                                             ‘‘V’’ for use in determining 2017 fee
                                                    Trawl Rationalization Program; 2017                     recovery for the groundfish trawl
                                                                                                            rationalization program are in regulation             percentages, NMFS used the ex-vessel
                                                    Cost Recovery                                                                                                 value for 2015 as reported in Pacific
                                                                                                            at 50 CFR 660.115 (trawl fishery cost
                                                    AGENCY:  National Marine Fisheries                      recovery program), § 660.140                          Fisheries Information Network (PacFIN)
                                                    Service (NMFS), National Oceanic and                    (Shorebased IFQ Program), § 660.150                   from electronic fish tickets. The
                                                    Atmospheric Administration (NOAA),                      (MS Coop Program), and § 660.160 (C/P                 electronic fish ticket data in PacFIN is
                                                    Commerce.                                               Coop Program).                                        for the Shorebased IFQ Program.
                                                                                                                                                                  Therefore, the ex-vessel value for both
                                                    ACTION: Notice; 2017 cost recovery fee                     By December 31 of each year, NMFS
                                                                                                                                                                  the MS Coop Program and the C/P Coop
                                                    percentages and mothership (MS)                         must announce the next year’s fee
                                                                                                                                                                  Program is a proxy based on the
                                                    pricing.                                                percentages, and the applicable MS
                                                                                                                                                                  Shorebased IFQ Program ex-vessel price
                                                                                                            pricing for the C/P Coop Program.
                                                    SUMMARY:   This action provides                                                                               and on the retained catch estimates
                                                                                                            NMFS calculated the 2017 fee
                                                    participants in the Pacific coast                                                                             (weight) from the observer data for the
                                                                                                            percentages by sector using the best
                                                    groundfish trawl rationalization                                                                              MS and C/P Coop Programs.
                                                                                                            available information. In addition,                      Ex-vessel values and amounts landed
                                                    program with the 2017 fee percentages                   NMFS revisited the methodology used
                                                    and ‘‘MS pricing’’ needed to calculate                                                                        each year fluctuate, and the amount
                                                                                                            to determine the direct program costs                 NMFS collects each year in cost
                                                    the required payments for trawl                         (DPC) attributable to each sector for
                                                    rationalization program cost recovery                                                                         recovery fees also fluctuate accordingly.
                                                                                                            fiscal years 2013, 2014, and 2015.                    When the cost recovery fees collected by
                                                    fees due in 2017. It also provides a                    NMFS’ redetermination of the DPCs for
                                                    redetermination of previous years’ fees.                                                                      NMFS are greater or less than the actual
                                                                                                            those fiscal years resulted in a decrease             net incremental costs incurred for a
                                                    For calendar year 2017, NMFS                            in the DPCs used to determine the fee
                                                    announces the following fee percentages                                                                       given year, the fee percentage for the
                                                                                                            percentages for calendar years 2014,                  following year will be adjusted as
                                                    by sector: 3.0 percent for the Shorebased               2015, and 2016. For 2017, the fee
                                                    Individual Fishing Quota (IFQ) Program,                                                                       specified at § 660.115(b)(1)(i).
                                                                                                            percentages by sector, taking into
                                                    0 percent for the MS Coop Program, 0                    account the redetermined DPCs and any                 Redetermination of Past DPCs
                                                    percent for the Catcher/Processer (C/P)                 adjustments, are:                                        On August 10, 2016, the U.S. Court of
                                                    Coop Program. For 2017, the MS pricing                     • 3.0 percent for the Shorebased IFQ               Appeals for the Ninth Circuit issued its
                                                    to be used as a proxy by the C/P Coop                   Program,                                              opinion in Glacier Fish Co. LLC v.
                                                    Program is: $0.08/lb for Pacific whiting.                  • 0 percent for the MS Coop Program,               Pritzker, 832 F.3d 1113 (9th Cir. 2016),
                                                    DATES: Effective January 1, 2017.                          • 0 percent for the C/P Coop Program.              a case involving a challenge to NMFS’
                                                    FOR FURTHER INFORMATION CONTACT:                           To calculate the fee percentages,                  authority to recover cost recovery fees
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Christopher Biegel, Cost Recovery                       NMFS used the formula specified in                    from members of the C/P Coop Program
                                                    Program Coordinator, (503) 231–6291,                    regulation at § 660.115(b)(1), where the              and the reasonableness of NMFS’
                                                    fax (503) 872–2737, email                               fee percentage by sector equals the                   calculation of the C/P Coop Program’s
                                                    Christopher.Biegel@NOAA.gov.                            lower of three percent or DPC for that                2014 fee percentage. The court upheld
                                                    SUPPLEMENTARY INFORMATION: The                          sector divided by total ex-vessel value               NMFS’ authority to recover cost
                                                    Magnuson-Stevens Fishery                                (V) for that sector multiplied by 100                 recovery fees from members of the C/P
                                                    Conservation and Management Act                         (Fee percentage = the lower of 3 percent              Coop Program because the C/P coop
                                                    (MSA) requires NMFS to collect fees to                  or (DPC/V) × 100).                                    permit is a limited access privilege and


                                               VerDate Sep<11>2014   18:41 Dec 28, 2016   Jkt 241001   PO 00000   Frm 00011   Fmt 4703   Sfmt 4703   E:\FR\FM\29DEN1.SGM   29DEN1


                                                                                         Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices                                                                              95967

                                                    Glacier Fish Co. and other C/P coop                                          costs should be considered actual                                           NMFS’ internal process for
                                                    members are reasonably considered a                                          incremental costs. One key change to                                      categorizing and tracking employee time
                                                    ‘‘holder’’ of that privilege. The court                                      the C/P Coop program’s 2014 fee is the                                    in the trawl rationalization program has
                                                    also concluded that NMFS’ cost                                               elimination of all time that was                                          been refined over the years. For
                                                    recovery regulations were consistent                                         originally coded as ‘‘general’’ time and                                  example, the use of the ‘‘general’’ time
                                                    with statutory requirements. However,                                        split evenly among the three sectors.                                     coding option was phased out by the
                                                    the court held that the calculation of the                                   Additional costs that NMFS determined                                     West Coast Region and, with the
                                                    2014 CP Coop Program fee was                                                 to be more appropriately categorized as                                   exception of limited use by the
                                                    inconsistent with NMFS’ cost recovery                                        non-incremental were also removed.                                        Northwest Fisheries Science Center, was
                                                    regulations and the court remanded to                                        NMFS also made some adjustments to                                        no longer used as of fiscal year 2015.
                                                    NMFS to re-determine the 2014 fee.                                           ensure contractor and employee time                                       NMFS will continue its efforts to ensure
                                                       In response, NMFS has reevaluated                                         was appropriately distributed among the                                   that employee time is only tracked for
                                                    and modified the methodology used to                                                                                                                   time spent on tasks that would not have
                                                                                                                                 sectors to reflect the actual incremental
                                                    determine the C/P Coop Program’s DPC                                                                                                                   been incurred but for the
                                                                                                                                 costs. Finally, NMFS elected to apply a
                                                    for the 2014 fee calculation. The                                                                                                                      implementation of the trawl
                                                    redetermination of the C/P Coop                                              similar revised methodology for all                                       rationalization program, taking into
                                                    Program’s 2014 fee also took into                                            sectors for all years, resulting in a                                     account reduced costs resulting from
                                                    consideration discussions with Glacier                                       reduction in each sector’s DPCs.                                          any program efficiencies. A comparison
                                                    Fish Co. and other representatives of C/                                     However, the Shorebased IFQ Program                                       of the original DPCs and the
                                                    P Coop members with respect to what                                          DPC remained above the 3 percent cap.                                     recalculated DPCs is below.

                                                                                                                                                                                                                                            Redetermined
                                                                                                                                                                                                                         Initial DPC            DPC
                                                                                                                                                                                                                         (excluding          (excluding
                                                                                                                                                                                                                        adjustments)        adjustments)

                                                    Shorebased IFQ Program:
                                                        2014 ......................................................................................................................................................      $1,877,752.00       $1,599,610.25
                                                        2015 ......................................................................................................................................................       2,028,859.04        1,936,907.83
                                                        2016 ......................................................................................................................................................       2,339,529.95        1,887,535.24
                                                        2017 ......................................................................................................................................................       2,021,490.55                 N/A
                                                    MS Coop Program:
                                                        2014 ......................................................................................................................................................            274,936.05        77,659.47
                                                        2015 ......................................................................................................................................................            233,300.78       129,565.98
                                                        2016 ......................................................................................................................................................            291,144.05       185,814.34
                                                        2017 ......................................................................................................................................................            167,549.51              N/A
                                                    C/P Coop Program:
                                                        2014 ......................................................................................................................................................            176,460.05        12,931.29
                                                        2015 ......................................................................................................................................................            158,631.88        40,487.70
                                                        2016 ......................................................................................................................................................            184,267.26        45,080.17
                                                        2017 ......................................................................................................................................................             63,448.85             N/A



                                                      The DPC values used to determine the                                       for past over or under payment. The
                                                    2017 fee percentages reflect the                                             adjustments can be seen here:
                                                    redetermined DPCs and any adjustments

                                                                                                                                                                                                                           2014

                                                                                                                                                                                                DPC                        Fees              Adjustment

                                                    IFQ .............................................................................................................................        $1,599,610.25               $1,356,285.28                N/A
                                                    MS ..............................................................................................................................            77,659.47                  347,450.65       ¥$269,791.18
                                                    CP ..............................................................................................................................            12,931.29                  350,387.25        ¥337,455.96


                                                                                                                                                                                                                2015

                                                                                                                                                                  DPC                   DPC w/adjustment                   Fees              Adjustment

                                                    IFQ ...........................................................................................           $1,936,907.83                         N/A                  $1,260,450.63                N/A
                                                    MS ............................................................................................              129,565.98                 ¥$140,225.20                     94,467.65       ¥$234,692.85
                                                    CP ............................................................................................               40,487.70                  ¥296,968.26                          0.00        ¥296,968.26
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                                                                2016

                                                                                                                                                                                                                           Fees              Adjustment
                                                                                                                                                                  DPC                   DPC w/adjustment                   (est)                (est)

                                                    IFQ ...........................................................................................           $1,887,535.24                          N/A                 $1,561,574.00                N/A
                                                    MS ............................................................................................              185,814.34                   ¥$48,878.51                   379,731.00       ¥$428,609.51
                                                    CP ............................................................................................               45,080.17                   ¥251,888.09                         0.00        ¥251,888.09



                                               VerDate Sep<11>2014          18:41 Dec 28, 2016         Jkt 241001       PO 00000        Frm 00012        Fmt 4703       Sfmt 4703       E:\FR\FM\29DEN1.SGM           29DEN1


                                                    95968                                Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices

                                                                                                                                                                                                                                        2017

                                                                                                                                                                                                                               DPC           DPC w/adjustment

                                                    IFQ ...............................................................................................................................................................      $2,021,490.55               N/A
                                                    MS ................................................................................................................................................................         167,549.51      ¥$261,060.01
                                                    CP ................................................................................................................................................................          63,448.85       ¥188,439.24



                                                      Based on total fees paid to date and                                       Groundfish Cost Recovery for your                                                The purpose of this information
                                                    estimated fees received in 2016, the                                         sector (IFQ, MS, or C/P): https://                                            collection is to assist state and federal
                                                    adjusted DPCs for 2017 are:                                                  www.pay.gov/public/search/                                                    Natural Resource Trustees in more
                                                    Shorebased IFQ Program: $2,021,490.55                                        global?searchString=pacific+                                                  efficiently carrying out the restoration
                                                    MS Coop Program: ¥$261,060.01                                                cost+recovery&formToken=4e5bc6b4-                                             planning phase of Natural Resource
                                                    C/P Coop Program: ¥$188,439.24                                               6ba8-4db4-9850-e73756a06775.                                                  Damage Assessments (NRDA), in
                                                      And the fee calculations using the                                            As stated in the preamble to the cost                                      compliance with the National
                                                    adjusted 2017 DPCs are:                                                      recovery proposed and final rules, in the                                     Environmental Policy Act (NEPA) of
                                                    Shorebased IFQ Program: 3.0 percent =                                        spring of each year, NMFS will release                                        1969, 42 U.S.C. 4321–4370d; 40 CFR
                                                        the lower of 3 percent or                                                an annual report documenting the                                              1500–1500 and other federal and local
                                                        ($2,021,490.55/$41,605,012.42) ×                                         details and data used for the above                                           statutes and regulations as applicable.
                                                        100                                                                      calculations. The report will include                                         The NRDA Restoration Project
                                                    MS Coop Program: ¥6.0 percent = the                                          information such as the fee percentage                                        Information Sheet is designed to
                                                        lower of 3 percent or                                                    calculation, program costs, and ex-                                           facilitate the collection of information
                                                        ¥$261,060.01/$4,373,922.34) × 100                                        vessel value by sector. Annual reports                                        on existing, planned, or proposed
                                                    C/P Coop Program: ¥1.7 percent = the                                         are available at: http://www.westcoast.                                       restoration projects. This information
                                                        lower of 3 percent or                                                    fisheries.noaa.gov/fisheries/groundfish_                                      will be used by the Natural Resource
                                                        (¥$188,439.24/$11,120,803.07) ×                                          catch_shares/rules_regulations/cost                                           Trustees to develop potential restoration
                                                        100                                                                      recovery.html.                                                                alternatives for natural resource injuries
                                                                                                                                     Authority: 16 U.S.C. 1801 et seq.                                         and service losses requiring restoration,
                                                       As a fee cannot be set using a negative                                                                                                                 during the restoration planning phase of
                                                    percentage, the 2017 fee percentages for                                       Dated: December 23, 2016.
                                                                                                                                                                                                               the NRDA process.
                                                    the MS Coop Program and the C/P Coop                                         Alan D. Risenhoover,                                                             Affected Public: State, local, or tribal
                                                    Program will be set at 0.0 percent.                                          Director, Office of Sustainable Fisheries,                                    governments; individuals or
                                                       MS pricing is the average price per                                       National Marine Fisheries Service.                                            households; business or other for-profits
                                                    pound that the C/P Coop Program will                                         [FR Doc. 2016–31624 Filed 12–28–16; 8:45 am]                                  organizations; not-for-profit institutions;
                                                    use to determine their fee amount due                                        BILLING CODE 3510–22–P                                                        farms; and the federal government.
                                                    (MS pricing multiplied by the value of                                                                                                                        Frequency: Annually and on occasion.
                                                    the aggregate pounds of all groundfish                                                                                                                        Respondent’s Obligation: Voluntary.
                                                    species harvested by the vessel                                              DEPARTMENT OF COMMERCE                                                           This information collection request
                                                    registered to a C/P-endorsed limited                                                                                                                       may be viewed at reginfo.gov. Follow
                                                    entry trawl permit, multiplied by the C/                                     National Oceanic and Atmospheric
                                                                                                                                                                                                               the instructions to view Department of
                                                    P fee percentage, equals the fee amount                                      Administration
                                                                                                                                                                                                               Commerce collections currently under
                                                    due). In past years, MS pricing was                                                                                                                        review by OMB.
                                                    based on the average price per pound of                                      Submission for OMB Review;
                                                                                                                                 Comment Request                                                                  Written comments and
                                                    Pacific whiting as reported in PacFIN                                                                                                                      recommendations for the proposed
                                                    from the Shorebased IFQ Program. In                                            The Department of Commerce will                                             information collection should be sent
                                                    other words, data from the IFQ fishery                                       submit to the Office of Management and                                        within 30 days of publication of this
                                                    was used as a proxy for the MS average                                       Budget (OMB) for clearance the                                                notice to OIRA_Submission@
                                                    price per pound to determine the ‘‘MS                                        following proposal for collection of                                          omb.eop.gov or fax to (202) 395–5806.
                                                    pricing’’ used in the calculation for the                                    information under the provisions of the
                                                    C/P sector’s fee amount due. For 2017                                                                                                                        Dated: December 23, 2016.
                                                                                                                                 Paperwork Reduction Act (44 U.S.C.
                                                    MS pricing, NMFS used values derived                                                                                                                       Sarah Brabson,
                                                                                                                                 Chapter 35).
                                                    from those reported on the MS Coop                                             Agency: National Oceanic and                                                NOAA PRA Clearance Officer.
                                                    Program cost recovery form from                                              Atmospheric Administration (NOAA).                                            [FR Doc. 2016–31585 Filed 12–28–16; 8:45 am]
                                                    calendar year 2015 as this was                                                 Title: Natural Resource Damage                                              BILLING CODE 3510–22–P
                                                    determined to be the best information                                        Assessment Restoration Project
                                                    available. NMFS has calculated the 2017                                      Information Sheet.
                                                    MS pricing to be used as a proxy by the                                        OMB Control Number: 0648–0497.
                                                    C/P Coop Program as: $0.08/lb for                                              Form Number(s): None.                                                       BUREAU OF CONSUMER FINANCIAL
                                                    Pacific whiting.                                                               Type of Request: Regular (extension of                                      PROTECTION
                                                       Cost recovery fees are submitted to
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                 a currently approved information
                                                    NMFS by Fish buyers via Pay.gov                                              collection).                                                                  Academic Research Council
                                                    (https://www.pay.gov/paygov/). Fish                                            Number of Respondents: 47.                                                  Solicitation of Applications for
                                                    buyers registered with Pay.gov can login                                       Average Hours Per Response: Reports,                                        Membership
                                                    in the upper left-hand corner of the                                         20 minutes; updates; 10 minutes.                                              AGENCY:  Bureau of Consumer Financial
                                                    screen. Fish buyers not registered with                                        Burden Hours: 37.                                                           Protection.
                                                    Pay.gov can go to the cost recovery                                            Needs and Uses: This request is for an
                                                                                                                                                                                                               ACTION: Notice of solicitation of
                                                    forms directly from the Web site below.                                      extension of a currently approved
                                                                                                                                                                                                               applications.
                                                    Click on the link to Pacific Coast                                           information collection.


                                               VerDate Sep<11>2014          18:41 Dec 28, 2016          Jkt 241001       PO 00000        Frm 00013        Fmt 4703       Sfmt 4703       E:\FR\FM\29DEN1.SGM              29DEN1



Document Created: 2016-12-29 01:58:13
Document Modified: 2016-12-29 01:58:13
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
ActionNotice; 2017 cost recovery fee percentages and mothership (MS) pricing.
DatesEffective January 1, 2017.
ContactChristopher Biegel, Cost Recovery Program Coordinator, (503) 231-6291, fax (503) 872-2737, email [email protected]
FR Citation81 FR 95966 
RIN Number0648-XF12

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR