82_FR_32462 82 FR 32329 - Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Crab Rationalization Cost Recovery Program

82 FR 32329 - 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 82, Issue 133 (July 13, 2017)

Page Range32329-32330
FR Document2017-14720

NMFS publishes notification of a 1.57 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 2017/2018 crab fishing year so they can calculate the required payment for cost recovery fees that must be submitted by July 31, 2018.

Federal Register, Volume 82 Issue 133 (Thursday, July 13, 2017)
[Federal Register Volume 82, Number 133 (Thursday, July 13, 2017)]
[Notices]
[Pages 32329-32330]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14720]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF514


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 1.57 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 2017/2018 crab fishing year so they can 
calculate the required payment for cost recovery fees that must be 
submitted by July 31, 2018.

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, 2018.

FOR FURTHER INFORMATION CONTACT: Suja Hall, 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 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 
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

[[Page 32330]]

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 2016/2017 fishery was 
1.57 percent. Therefore, the fee percentage will be 1.57 percent for 
the 2017/2018 crab fishing year. This is a decrease of 0.03 percent 
from the 2016/2017 fee percentage of 1.60 percent (81 FR 45458; July 
14, 2016). The change in the fee percentage from 2016/2017 to 2017/2018 
is due to decreases in direct program costs incurred by the Alaska 
Department of Fish and Game and the NOAA Office of Law Enforcement. 
These reduced costs were due to minor decreases in personnel, training, 
and supplies related to managing the Program in the 2016/2017 crab 
fishing year. Additionally, the value of crab harvested under the 
Program decreased by $39.7 million. The decrease in the value of the 
fishery offset the decreases in direct program costs and limited the 
change in the fee percentage from 2016/2017 to 2017/2018.

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

    Dated: July 10, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-14720 Filed 7-12-17; 8:45 am]
BILLING CODE 3510-22-P



                                                                               Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Notices                                            32329

                                                to the Chief, Permits and Conservation                   prepare an environmental assessment or                collection, and enforcement of the
                                                Division at the address listed above. The                environmental impact statement.                       Program. The Program implemented
                                                request should set forth the specific                      Concurrent with the publication of                  under the authority of section 313(j) is
                                                reasons why a hearing on this                            this notice in the Federal Register,                  consistent with the cost recovery
                                                application would be appropriate.                        NMFS is forwarding copies of the                      provisions included under section
                                                                                                         application to the Marine Mammal                      304(d)(2)(A) of the Magnuson-Stevens
                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                         Commission and its Committee of                       Act. NMFS developed the cost recovery
                                                Shasta McClenahan or Carrie Hubard,
                                                                                                         Scientific Advisors.                                  provision to conform to statutory
                                                (301) 427–8401.
                                                                                                           Dated: July 7, 2017.                                requirements and to reimburse the
                                                SUPPLEMENTARY INFORMATION:       The                                                                           agency for the actual costs directly
                                                                                                         Catherine Marzin,
                                                subject permit is requested under the                                                                          related to the management, data
                                                authority of the Marine Mammal                           Acting Deputy Director, Office of Protected
                                                                                                                                                               collection, and enforcement of the
                                                                                                         Resources, National Marine Fisheries Service.
                                                Protection Act of 1972, as amended                                                                             Program. The cost recovery provision
                                                (MMPA; 16 U.S.C. 1361 et seq.), the                      [FR Doc. 2017–14635 Filed 7–12–17; 8:45 am]
                                                                                                                                                               allows collection of 133 percent of the
                                                regulations governing the taking and                     BILLING CODE 3510–22–P                                actual management, data collection, and
                                                importing of marine mammals (50 CFR                                                                            enforcement costs up to 3 percent of the
                                                part 216), the Endangered Species Act of                                                                       ex-vessel value of crab harvested under
                                                1973, as amended (ESA; 16 U.S.C. 1531                    DEPARTMENT OF COMMERCE                                the Program. The Program provides that
                                                et seq.), and the regulations governing                  National Oceanic and Atmospheric                      a proportional share of fees charged for
                                                the taking, importing, and exporting of                  Administration                                        management and enforcement be
                                                endangered and threatened species (50                                                                          forwarded to the State of Alaska for its
                                                CFR parts 222–226).                                      RIN 0648–XF514                                        share of management and data
                                                   The applicant requests a 5-year permit                                                                      collection costs for the Program. The
                                                                                                         Fisheries of the Exclusive Economic                   cost recovery provision also requires the
                                                to take marine mammals for research in                   Zone Off Alaska; Bering Sea and
                                                the Atlantic Ocean and off the west                                                                            harvesting and processing sectors to
                                                                                                         Aleutian Islands Crab Rationalization                 each pay half the cost recovery fees.
                                                coast of Florida during vessel and                       Cost Recovery Program
                                                manned and unmanned aerial surveys.                                                                            Catcher/processor quota shareholders
                                                The objectives of the research are to                    AGENCY:  National Marine Fisheries                    are required to pay the full fee
                                                continue North Atlantic right whale                      Service (NMFS), National Oceanic and                  percentage for crab processed at sea.
                                                (NARW; Eubalaena glacialis)                              Atmospheric Administration (NOAA),                       A crab allocation holder generally
                                                population monitoring efforts,                           Commerce.                                             incurs a cost recovery fee liability for
                                                identifying and reducing human causes                                                                          every pound of crab landed. The crab
                                                                                                         ACTION: Notification of fee percentage.
                                                of mortality and serious injury,                                                                               allocations include Individual Fishing
                                                monitoring and protecting NARW                           SUMMARY:   NMFS publishes notification                Quota, Crew Individual Fishing Quota,
                                                habitat, and helping to implement the                    of a 1.57 percent fee for cost recovery               Individual Processing Quota,
                                                NARW Recovery Plan. Up to 500                            under the Bering Sea and Aleutian                     Community Development Quota, and
                                                endangered NARWs, and 50 non-listed                      Islands Crab Rationalization Program.                 the Adak community allocation. The
                                                humpback whales (Megaptera                               This action is intended to provide                    Registered Crab Receiver (RCR) permit
                                                novaeangliae) may be targeted annually                   holders of crab allocations with the fee              holder must collect the fee liability from
                                                                                                         percentage for the 2017/2018 crab                     the crab allocation holder who is
                                                for research activities including counts,
                                                                                                         fishing year so they can calculate the                landing crab. Additionally, the RCR
                                                behavioral observations, photography,
                                                                                                         required payment for cost recovery fees               permit holder must collect his or her
                                                photo-identification, photogrammetry,
                                                                                                         that must be submitted by July 31, 2018.              own fee liability for all crab delivered to
                                                video recording, and passive acoustic
                                                                                                                                                               the RCR. The RCR permit holder is
                                                recording. Biological samples, including                 DATES: The Crab Rationalization
                                                                                                                                                               responsible for submitting this payment
                                                sloughed skin, fecal, breath, and skin                   Program Registered Crab Receiver
                                                                                                                                                               to NMFS on or before July 31, in the
                                                and blubber biopsies, may be collected                   permit holder is responsible for
                                                                                                                                                               year following the crab fishing year in
                                                from 95 NARW adults or juveniles and                     submitting the fee liability payment to
                                                                                                                                                               which landings of crab were made.
                                                60 NARW calves annually, and these                       NMFS on or before July 31, 2018.                         The dollar amount of the fee due is
                                                samples may be exported and re-                          FOR FURTHER INFORMATION CONTACT: Suja                 determined by multiplying the fee
                                                imported for analysis. Up to 15 NARWs                    Hall, 907–586–7228.                                   percentage (not to exceed 3 percent) by
                                                may be tagged each year with either                      SUPPLEMENTARY INFORMATION:                            the ex-vessel value of crab debited from
                                                traditional dart/barb tags or suction-cup                                                                      the allocation. Specific details on the
                                                tags. Additional marine mammals that                     Background
                                                                                                                                                               Program’s cost recovery provision may
                                                may be harassed incidental to research                     NMFS Alaska Region administers the                  be found in the implementing
                                                include up to 50 each of endangered sei                  Bering Sea and Aleutian Islands Crab                  regulations at 50 CFR 680.44.
                                                whales (Balaenoptera borealis) and non-                  Rationalization Program (Program) in
                                                listed long-finned pilot whales                          the North Pacific. Fishing under the                  Fee Percentage
                                                (Globicephala melas), and 500 each of                    Program began on August 15, 2005.                        Each year, NMFS calculates and
                                                Atlantic white-sided (Lagenorhynchus                     Regulations implementing the Program                  publishes in the Federal Register the fee
                                                acutus), Atlantic spotted (Stenella                      can be found at 50 CFR part 680.                      percentage according to the factors and
                                                frontalis), and bottlenose (Tursiops                       The Program is a limited access                     methodology described at § 680.44(c)(2).
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                                                truncatus) dolphins, annually.                           system authorized by section 313(j) of                The formula for determining the fee
                                                   In compliance with the National                       the Magnuson-Stevens Fishery                          percentage is the ‘‘direct program costs’’
                                                Environmental Policy Act of 1969 (42                     Conservation and Management Act                       divided by ‘‘value of the fishery,’’ where
                                                U.S.C. 4321 et seq.), an initial                         (Magnuson-Stevens Act). The Program                   ‘‘direct program costs’’ are the direct
                                                determination has been made that the                     includes a cost recovery provision to                 program costs for the Program for the
                                                activity proposed is categorically                       collect fees to recover the actual costs              previous fiscal year, and ‘‘value of the
                                                excluded from the requirement to                         directly related to the management, data              fishery’’ is the ex-vessel value of the


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                                                32330                          Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Notices

                                                catch subject to the crab cost recovery                  amended, notification is hereby given                 cannot be reasonably expected to, and is
                                                fee liability for the current year. Fee                  that NMFS has issued an incidental                    not reasonably likely to, we adversely
                                                collections for any given year may be                    harassment authorization (IHA) to                     affect the species or stock through
                                                less than, or greater than, the actual                   Deepwater Wind, LLC, (DWW) to                         effects on annual rates of recruitment or
                                                costs and fishery value for that year,                   incidentally harass, by Level B                       survival.
                                                because, by regulation, the fee                          harassment only, marine mammals                          The MMPA states that the term ‘‘take’’
                                                percentage is established in the first                   during high-resolution geophysical                    means to harass, hunt, capture, kill or
                                                quarter of a crab fishery year based on                  (HRG) and geotechnical survey                         attempt to harass, hunt, capture, or kill
                                                the fishery value and the costs of the                   investigations associated with marine                 any marine mammal.
                                                prior year.                                              site characterization activities off the                 Except with respect to certain
                                                   Based upon the fee percentage                         coast of New York in the area of the                  activities not pertinent here, the MMPA
                                                formula described above, the estimated                   Commercial Lease of Submerged Lands                   defines ‘‘harassment’’ as: Any act of
                                                percentage of costs to value for the                     for Renewable Energy Development on                   pursuit, torment, or annoyance which (i)
                                                2016/2017 fishery was 1.57 percent.                      the Outer Continental Shelf (OCS–A                    has the potential to injure a marine
                                                Therefore, the fee percentage will be                    0486) (Lease Area) and along potential                mammal or marine mammal stock in the
                                                1.57 percent for the 2017/2018 crab                      submarine cable routes to a landfall                  wild (Level A harassment); or (ii) has
                                                fishing year. This is a decrease of 0.03                 location in Easthampton, New York                     the potential to disturb a marine
                                                percent from the 2016/2017 fee                           (‘‘Submarine Cable Corridor’’)                        mammal or marine mammal stock in the
                                                percentage of 1.60 percent (81 FR 45458;                 (collectively the Lease Area and                      wild by causing disruption of behavioral
                                                July 14, 2016). The change in the fee                    Submarine Cable Corridor are the                      patterns, including, but not limited to,
                                                percentage from 2016/2017 to 2017/                       Project Area).                                        migration, breathing, nursing, breeding,
                                                2018 is due to decreases in direct                       DATES: This Authorization is effective                feeding, or sheltering (Level B
                                                program costs incurred by the Alaska                     from June 16, 2017 through June 15,                   harassment).
                                                Department of Fish and Game and the                      2018.
                                                NOAA Office of Law Enforcement.                                                                                National Environmental Policy Act
                                                                                                         FOR FURTHER INFORMATION CONTACT:
                                                These reduced costs were due to minor                    Laura McCue, Office of Protected                        To comply with the National
                                                decreases in personnel, training, and                    Resources, NMFS, (301) 427–8401.                      Environmental Policy Act of 1969
                                                supplies related to managing the                         Electronic copies of the applications                 (NEPA; 42 U.S.C. 4321 et seq.) and
                                                Program in the 2016/2017 crab fishing                    and supporting documents, as well as a                NOAA Administrative Order (NAO)
                                                year. Additionally, the value of crab                    list of the references cited in this                  216–6A, NMFS must review our
                                                harvested under the Program decreased                    document, may be obtained by visiting                 proposed action (i.e., the issuance of an
                                                by $39.7 million. The decrease in the                    the Internet at: www.nmfs.noaa.gov/pr/                incidental harassment authorization)
                                                value of the fishery offset the decreases                permits/incidental/energy_other.htm. In               with respect to potential impacts on the
                                                in direct program costs and limited the                  case of problems accessing these                      human environment. Accordingly,
                                                change in the fee percentage from 2016/                  documents, please call the contact listed             NMFS prepared an Environmental
                                                2017 to 2017/2018.                                       above.                                                Assessment (EA) to consider the
                                                  Authority: 16 U.S.C. 1862; Pub. L. 109–                SUPPLEMENTARY INFORMATION:
                                                                                                                                                               environmental impacts associated with
                                                241; Pub. L. 109–479.                                                                                          the issuance of the IHA.
                                                                                                         Background                                              NMFS’ EA will be made available at
                                                  Dated: July 10, 2017.
                                                Emily H. Menashes,                                          Sections 101(a)(5)(A) and (D) of the               www.nmfs.noaa.gov/pr/permits/
                                                                                                         MMPA (16 U.S.C. 1361 et seq.) direct                  incidental/other_energy.htm at the time
                                                Acting Director, Office of Sustainable
                                                Fisheries, National Marine Fisheries Service.            the Secretary of Commerce to allow,                   of the publication of this Federal
                                                                                                         upon request, the incidental, but not                 Register notice.
                                                [FR Doc. 2017–14720 Filed 7–12–17; 8:45 am]
                                                BILLING CODE 3510–22–P
                                                                                                         intentional, taking of small numbers of               Summary of Request
                                                                                                         marine mammals by U.S. citizens who
                                                                                                         engage in a specified activity (other than              On December 1, 2016, NMFS received
                                                DEPARTMENT OF COMMERCE                                   commercial fishing) within a specified                application request from DWW for an
                                                                                                         geographical region if certain findings               IHA to take marine mammals incidental
                                                National Oceanic and Atmospheric                         are made and either regulations are                   to 2017 geophysical survey
                                                Administration                                           issued or, if the taking is limited to                investigations in the area of the
                                                                                                         harassment, a notice of a proposed                    Commercial Lease of Submerged Lands
                                                RIN 0648–XF119                                                                                                 for Renewable Energy Development on
                                                                                                         authorization is provided to the public
                                                                                                         for review.                                           the Outer Continental Shelf (OCS) lease
                                                Takes of Marine Mammals Incidental to
                                                                                                            An authorization for incidental                    area #OCS–A–0486 Lease Area and
                                                Specified Activities; Taking Marine
                                                                                                         takings shall be granted if NMFS finds                along potential submarine cable routes
                                                Mammals Incidental to Site
                                                                                                         that the taking will have a negligible                to a landfall location in Easthampton,
                                                Characterization Surveys off the Coast
                                                                                                         impact on the species or stock(s), will               New York (Project Area) designated and
                                                of New York
                                                                                                         not have an unmitigable adverse impact                offered by the U.S. Bureau of Ocean
                                                AGENCY:  National Marine Fisheries                       on the availability of the species or                 Energy Management (BOEM), to support
                                                Service (NMFS), National Oceanic and                     stock(s) for subsistence uses (where                  the development of an offshore wind
                                                                                                                                                               project. DWW’s request was for take of
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                                                Atmospheric Administration (NOAA),                       relevant), and if the permissible
                                                Commerce.                                                methods of taking and requirements                    18 species of marine mammals by Level
                                                ACTION: Notice; issuance of an incidental                pertaining to the mitigation, monitoring              B harassment of a small number of 18
                                                harassment authorization.                                and reporting of such takings are set                 species and take by Level A harassment
                                                                                                         forth.                                                of 3 species. Neither DWW nor NMFS
                                                SUMMARY:  In accordance with the                            NMFS has defined ‘‘negligible                      expects mortality to result from this
                                                regulations implementing the Marine                      impact’’ in 50 CFR 216.103 as an impact               activity; and therefore, an IHA is
                                                Mammal Protection Act (MMPA) as                          resulting from the specified activity that            appropriate. NMFS determined that the


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Document Created: 2017-07-13 01:00:34
Document Modified: 2017-07-13 01:00:34
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, 2018.
ContactSuja Hall, 907-586-7228.
FR Citation82 FR 32329 
RIN Number0648-XF51

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