83_FR_64071 83 FR 63833 - Fishing Capacity Reduction Program for the Longline Catcher Processor Subsector of the Bering Sea and Aleutian Islands Non Pollock Groundfish Fishery

83 FR 63833 - Fishing Capacity Reduction Program for the Longline Catcher Processor Subsector of the Bering Sea and Aleutian Islands Non Pollock Groundfish Fishery

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 238 (December 12, 2018)

Page Range63833-63834
FR Document2018-26884

NMFS issues this notice to inform the public that there will be an increase of the fee rate required to repay the $35,000,000 reduction loan financing the non-pollock groundfish fishing capacity reduction program. Effective January 1, 2019, NMFS is increasing the Loan A fee rate to $0.017 per pound to ensure timely loan repayment. The fee rate for Loan B will remain unchanged at $0.001 per pound.

Federal Register, Volume 83 Issue 238 (Wednesday, December 12, 2018)
[Federal Register Volume 83, Number 238 (Wednesday, December 12, 2018)]
[Notices]
[Pages 63833-63834]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26884]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG656


Fishing Capacity Reduction Program for the Longline Catcher 
Processor Subsector of the Bering Sea and Aleutian Islands Non Pollock 
Groundfish Fishery

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

ACTION: Notice of fee rate adjustment.

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

SUMMARY: NMFS issues this notice to inform the public that there will 
be an increase of the fee rate required to repay the $35,000,000 
reduction loan financing the non-pollock groundfish fishing capacity 
reduction program. Effective January 1, 2019, NMFS is increasing the 
Loan A fee rate to $0.017 per pound to ensure timely loan repayment. 
The fee rate for Loan B will remain unchanged at $0.001 per pound.

DATES: The non-pollock groundfish program fee rate increase will begin 
with landings on and after January 1, 2019. The first due date for fee 
payments with the increased rate will be February 15, 2019.

ADDRESSES: Send questions about this notice to Michael A. Sturtevant, 
Acting Chief, Financial Services Division, National Marine Fisheries 
Service, 1315 East-West Highway, Silver Spring, MD 20910-3282.

FOR FURTHER INFORMATION CONTACT: Elaine Saiz, (301) 427-8752.

SUPPLEMENTARY INFORMATION: 

I. Background

    Sections 312(b)-(e) of the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1861a(b) through (e)) generally 
authorizes fishing capacity reduction programs. In particular, section 
312(d) authorizes industry fee systems for repaying reduction loans 
which finance reduction program costs. Subpart L of 50 CFR part 600 is 
the framework rule generally implementing section 312(b)-(e). Sections 
1111 and 1112 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1279f 
and 1279g) generally authorize reduction loans.
    Enacted on December 8, 2004, section 219, Title II, of FY 2005 
Appropriations Act, Public Law 104-447 (Act) authorizes a fishing 
capacity reduction program implementing capacity reduction plans 
submitted to NMFS by catcher processor subsectors of the Bering Sea and 
Aleutian Islands (``BSAI'') non-pollock groundfish fishery (``reduction 
fishery'') as set forth in the Act.
    The longline catcher processor subsector (the ``Longline 
Subsector'') is among the catcher processor subsectors eligible to 
submit to NMFS a capacity reduction plan under the terms of the Act.
    The longline subsector non-pollock groundfish reduction program's 
objective was to reduce the number of vessels and permits endorsed for 
longline subsector of the non-pollock groundfish fishery.
    All post-reduction fish landings from the reduction fishery are 
subject to the longline subsector non-pollock groundfish program's fee.
    NMFS proposed the implementing notice on August 11, 2006 (71 FR 
46364), and published the final notice on September 29, 2006 (71 FR 
57696).
    NMFS allocated the $35,000,000 reduction loan (A Loan) to the 
reduction fishery and this loan is repayable by fees from the fishery.
    On September 24, 2007, NMFS published in the Federal Register (72 
FR 54219), the final rule to implement the industry fee system for 
repaying the non-pollock groundfish program's reduction loan and 
established October 24, 2007, as the effective date when fee collection 
and loan repayment began. The regulations implementing the program are 
located at Sec.  600.1012 of 50 CFR part 600's subpart M.
    NMFS published, in the Federal Register on November 2, 2009 (74 FR 
56592), a notice to decrease the A Loan fee rate to $0.016 per pound 
effective January 1, 2010. On November 12, 2010, NMFS published a 
notice (75 FR 69401), to decrease the fee rate to $0.015 per pound, 
effective January 1, 2011. NMFS published a notice on November 30, 2011 
(76 FR 74048) to decrease the fee rate to $0.0145 per pound effective 
January 1, 2012. NMFS published a notice on February 13, 2013 (78 FR 
10136) to further decrease the fee rate once more to $0.0111 per pound 
effective January 1, 2013. NMFS published a notice on January 8, 2018 
(83 FR 793) to increase the fee rate to $0.013 per pound effective 
January 1, 2018.
    NMFS published a final rule to implement a second $2,700,000 
reduction loan (B Loan) for this fishery in the Federal Register on 
September 24, 2012 (77 FR 58775). The loan was disbursed December 18, 
2012 with fee collection of $0.001 per pound to begin January 1, 2013. 
This fee is in addition to the A Loan fee.

[[Page 63834]]

II. Purpose

    The purpose of this notice is to adjust the fee rate for the 
reduction fishery in accordance with the framework rule's Sec.  
600.1013(b). Section 600.1013(b) directs NMFS to recalculate the fee 
rate that will be reasonably necessary to ensure reduction loan 
repayment within the specified 30 year term.
    NMFS has determined for the reduction fishery that the current fee 
rate of $0.013 per pound is less than that needed to service the A 
Loan. Therefore, NMFS is increasing the Loan A fee rate to $0.017 per 
pound which NMFS has determined is sufficient to ensure timely loan 
repayment. The fee rate for Loan B will remain $0.001 per pound.
    Subsector members may continue to use Pay.gov to disburse collected 
fee deposits at: http://www.pay.gov/paygov/ paygov/.
    Please visit the NMFS website for additional information at: 
https://www.fisheries.noaa.gov/national/funding-and-financial-services/longline-catcher-processor-subsector-bering-sea-and-aleutian-islands-non-pollock.

III. Notice

    The new fee rate for the non-pollock Groundfish fishery will begin 
on January 1, 2019.
    From and after this date, all subsector members paying fees on the 
non-pollock groundfish fishery shall begin paying non-pollock 
groundfish fishery program fees at the revised rate.
    Fee collection and submission shall follow previously established 
methods in Sec.  600.1013 of the framework rule and in the final fee 
rule published in the Federal Register on September 24, 2007 (72 FR 
54219).

    Authority:  The authority for this action is Public Law 108-447, 
16 U.S.C. 1861a (b-e), and 50 CFR 600.1000 et seq.

     Dated: December 3, 2018.
Brian Pawlak,
CFO/CAO Director, Office of Management and Budget, National Marine 
Fisheries Service.
[FR Doc. 2018-26884 Filed 12-11-18; 8:45 am]
 BILLING CODE 3510-22-P



                                                                       Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Notices                                             63833

                                              prior to release. Up to one sawfish from                DEPARTMENT OF COMMERCE                                Bering Sea and Aleutian Islands
                                              each life stage group may                                                                                     (‘‘BSAI’’) non-pollock groundfish
                                              unintentionally die during research                     National Oceanic and Atmospheric                      fishery (‘‘reduction fishery’’) as set forth
                                              activities. Additionally, the applicant                 Administration                                        in the Act.
                                              requests to collect, receive, necropsy,                 RIN 0648–XG656                                           The longline catcher processor
                                              analyze, and archive up to 30 salvaged                                                                        subsector (the ‘‘Longline Subsector’’) is
                                              dead smalltooth sawfish specimens                       Fishing Capacity Reduction Program                    among the catcher processor subsectors
                                              (whole or parts) that have been legally                 for the Longline Catcher Processor                    eligible to submit to NMFS a capacity
                                              collected or archived elsewhere within                  Subsector of the Bering Sea and                       reduction plan under the terms of the
                                              the U.S.                                                Aleutian Islands Non Pollock                          Act.
                                                                                                      Groundfish Fishery                                       The longline subsector non-pollock
                                                 File No. 22324: The University of                                                                          groundfish reduction program’s
                                              Florida (Responsible Party: Gavin                       AGENCY:  National Marine Fisheries                    objective was to reduce the number of
                                              Naylor, Ph.D.), Florida Museum of                       Service (NMFS), National Oceanic and                  vessels and permits endorsed for
                                              Natural History, Dickinson Hall,                        Atmospheric Administration,                           longline subsector of the non-pollock
                                              Gainesville, FL 32611, requests a 10-                   Commerce.                                             groundfish fishery.
                                              year permit to study smalltooth sawfish                 ACTION: Notice of fee rate adjustment.                   All post-reduction fish landings from
                                              movements, habitat use, temporal and                                                                          the reduction fishery are subject to the
                                              spatial distribution, and population                    SUMMARY:   NMFS issues this notice to
                                                                                                                                                            longline subsector non-pollock
                                              structure using tagging, telemetry, and                 inform the public that there will be an
                                                                                                                                                            groundfish program’s fee.
                                              population genetic methods. Sawfish                     increase of the fee rate required to repay
                                                                                                                                                               NMFS proposed the implementing
                                                                                                      the $35,000,000 reduction loan
                                              would be collected year-round in the                                                                          notice on August 11, 2006 (71 FR
                                                                                                      financing the non-pollock groundfish
                                              Florida Bay and the upper Florida Keys                                                                        46364), and published the final notice
                                                                                                      fishing capacity reduction program.
                                              using gillnets, longlines, and angling                                                                        on September 29, 2006 (71 FR 57696).
                                                                                                      Effective January 1, 2019, NMFS is
                                              gear. The applicant anticipates                                                                                  NMFS allocated the $35,000,000
                                                                                                      increasing the Loan A fee rate to $0.017
                                              capturing each year up to 60 sawfish,                                                                         reduction loan (A Loan) to the reduction
                                                                                                      per pound to ensure timely loan
                                              including 20 neonates and juveniles and                                                                       fishery and this loan is repayable by fees
                                                                                                      repayment. The fee rate for Loan B will
                                              40 sub-adult and adult life stages.                                                                           from the fishery.
                                                                                                      remain unchanged at $0.001 per pound.
                                              Research activities would include                                                                                On September 24, 2007, NMFS
                                                                                                      DATES: The non-pollock groundfish                     published in the Federal Register (72
                                              measurement, weigh (when possible),                     program fee rate increase will begin
                                              ultrasound, photograph/video, genetic                                                                         FR 54219), the final rule to implement
                                                                                                      with landings on and after January 1,                 the industry fee system for repaying the
                                              tissue fin clip, muscle biopsy, skin                    2019. The first due date for fee
                                              biopsy, external dart tag, PIT tag, and                                                                       non-pollock groundfish program’s
                                                                                                      payments with the increased rate will be              reduction loan and established October
                                              blood draw. Subsets of each life stage                  February 15, 2019.                                    24, 2007, as the effective date when fee
                                              group would receive either internal or                  ADDRESSES: Send questions about this                  collection and loan repayment began.
                                              external telemetry tracking devices prior               notice to Michael A. Sturtevant, Acting               The regulations implementing the
                                              to release. Additionally, the applicant                 Chief, Financial Services Division,                   program are located at § 600.1012 of 50
                                              further requests to collect, receive,                   National Marine Fisheries Service, 1315               CFR part 600’s subpart M.
                                              necropsy, analyze and archive up to 100                 East-West Highway, Silver Spring, MD                     NMFS published, in the Federal
                                              salvaged dead smalltooth sawfish                        20910–3282.                                           Register on November 2, 2009 (74 FR
                                              specimens (whole or parts) that have                    FOR FURTHER INFORMATION CONTACT:                      56592), a notice to decrease the A Loan
                                              been legally collected or archived                      Elaine Saiz, (301) 427–8752.                          fee rate to $0.016 per pound effective
                                              elsewhere within the U.S. Other                         SUPPLEMENTARY INFORMATION:                            January 1, 2010. On November 12, 2010,
                                              objectives include receiving, importing,                                                                      NMFS published a notice (75 FR 69401),
                                              and exporting tissue samples (or parts)                 I. Background                                         to decrease the fee rate to $0.015 per
                                              from five other foreign species of                         Sections 312(b)–(e) of the Magnuson-               pound, effective January 1, 2011. NMFS
                                              sawfish for scientific and archival                     Stevens Fishery Conservation and                      published a notice on November 30,
                                              purposes, including dwarf, narrow,                      Management Act (16 U.S.C. 1861a(b)                    2011 (76 FR 74048) to decrease the fee
                                              green, largetooth, and non-U.S. DPS                     through (e)) generally authorizes fishing             rate to $0.0145 per pound effective
                                              smalltooth sawfish.                                     capacity reduction programs. In                       January 1, 2012. NMFS published a
                                                Dated: December 6, 2018.                              particular, section 312(d) authorizes                 notice on February 13, 2013 (78 FR
                                                                                                      industry fee systems for repaying                     10136) to further decrease the fee rate
                                              Julia Marie Harrison,
                                                                                                      reduction loans which finance                         once more to $0.0111 per pound
                                              Chief, Permits and Conservation Division,               reduction program costs. Subpart L of                 effective January 1, 2013. NMFS
                                              Office of Protected Resources, National                 50 CFR part 600 is the framework rule                 published a notice on January 8, 2018
                                              Marine Fisheries Service.                               generally implementing section 312(b)–                (83 FR 793) to increase the fee rate to
                                              [FR Doc. 2018–26838 Filed 12–11–18; 8:45 am]            (e). Sections 1111 and 1112 of the                    $0.013 per pound effective January 1,
                                              BILLING CODE 3510–22–P                                  Merchant Marine Act, 1936 (46 App.                    2018.
                                                                                                      U.S.C. 1279f and 1279g) generally                        NMFS published a final rule to
                                                                                                      authorize reduction loans.                            implement a second $2,700,000
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                         Enacted on December 8, 2004, section               reduction loan (B Loan) for this fishery
                                                                                                      219, Title II, of FY 2005 Appropriations              in the Federal Register on September
                                                                                                      Act, Public Law 104–447 (Act)                         24, 2012 (77 FR 58775). The loan was
                                                                                                      authorizes a fishing capacity reduction               disbursed December 18, 2012 with fee
                                                                                                      program implementing capacity                         collection of $0.001 per pound to begin
                                                                                                      reduction plans submitted to NMFS by                  January 1, 2013. This fee is in addition
                                                                                                      catcher processor subsectors of the                   to the A Loan fee.


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                                              63834                    Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Notices

                                              II. Purpose                                             DEPARTMENT OF COMMERCE                                  On March 20, 2000, NMFS published
                                                                                                                                                            regulations in § 679.45 implementing
                                                The purpose of this notice is to adjust               National Oceanic and Atmospheric                      cost recovery for the IFQ Program (65
                                              the fee rate for the reduction fishery in               Administration                                        FR 14919). Under the regulations, an
                                              accordance with the framework rule’s                                                                          IFQ permit holder must pay a cost
                                                                                                      RIN 0648–XG613
                                              § 600.1013(b). Section 600.1013(b)                                                                            recovery fee for every pound of IFQ
                                              directs NMFS to recalculate the fee rate                Fisheries of the Exclusive Economic                   halibut and IFQ sablefish that is landed
                                              that will be reasonably necessary to                    Zone Off Alaska; North Pacific Halibut                on his or her IFQ permit(s). The IFQ
                                              ensure reduction loan repayment within                  and Sablefish Individual Fishing Quota                permit holder is responsible for self-
                                              the specified 30 year term.                             Cost Recovery Programs                                collecting the fee for all IFQ halibut and
                                                NMFS has determined for the                                                                                 IFQ sablefish landings on his or her
                                                                                                      AGENCY:  National Marine Fisheries                    permit(s). The IFQ permit holder is also
                                              reduction fishery that the current fee                  Service (NMFS), National Oceanic and                  responsible for submitting IFQ fee
                                              rate of $0.013 per pound is less than                   Atmospheric Administration (NOAA),                    payment(s) to NMFS on or before the
                                              that needed to service the A Loan.                      Commerce.                                             due date of January 31 of the year
                                              Therefore, NMFS is increasing the Loan                                                                        following the year in which the IFQ
                                                                                                      ACTION: Notice of standard prices and
                                              A fee rate to $0.017 per pound which                    fee percentage.                                       landings were made. The total dollar
                                              NMFS has determined is sufficient to                                                                          amount of the fee due is determined by
                                              ensure timely loan repayment. The fee                   SUMMARY:   NMFS publishes the                         multiplying the NMFS published fee
                                              rate for Loan B will remain $0.001 per                  individual fishing quota (IFQ) standard               percentage by the ex-vessel value of all
                                              pound.                                                  prices and fee percentage for cost                    IFQ landings made on the permit(s)
                                                Subsector members may continue to                     recovery for the IFQ Program for the                  during the IFQ fishing year. As required
                                              use Pay.gov to disburse collected fee                   halibut and sablefish fisheries of the                by § 679.45(d)(1) and (d)(3)(i), NMFS
                                              deposits at: http://www.pay.gov/                        North Pacific (IFQ Program). The fee                  publishes this notice of the fee
                                              paygov/.                                                percentage for 2018 is 2.8 percent. This              percentage for the halibut and sablefish
                                                                                                      action is intended to provide holders of              IFQ fisheries in the Federal Register
                                                Please visit the NMFS website for                     halibut and sablefish IFQ permits with                during or before the last quarter of each
                                              additional information at: https://                     the 2018 standard prices and fee                      year.
                                              www.fisheries.noaa.gov/national/                        percentage to calculate the required
                                              funding-and-financial-services/longline-                                                                      Standard Prices
                                                                                                      payment for IFQ cost recovery fees due
                                              catcher-processor-subsector-bering-sea-                 by January 31, 2019.                                     The fee is based on the sum of all
                                              and-aleutian-islands-non-pollock.                       DATES: The standard prices and fee
                                                                                                                                                            payments made to fishermen for the sale
                                                                                                      percentages are valid on December 12,                 of the fish during the year. This
                                              III. Notice                                                                                                   includes any retro-payments (e.g.,
                                                                                                      2018.
                                                                                                                                                            bonuses, delayed partial payments,
                                                The new fee rate for the non-pollock                  FOR FURTHER INFORMATION CONTACT: Carl
                                                                                                                                                            post-season payments) made to the IFQ
                                              Groundfish fishery will begin on                        Greene, Fee Coordinator, 907–586–7105.                permit holder for previously landed IFQ
                                              January 1, 2019.                                        SUPPLEMENTARY INFORMATION:                            halibut or sablefish.
                                                From and after this date, all subsector               Background                                               For purposes of calculating IFQ cost
                                              members paying fees on the non-pollock                                                                        recovery fees, NMFS distinguishes
                                              groundfish fishery shall begin paying                      NMFS Alaska Region administers the                 between two types of ex-vessel value:
                                              non-pollock groundfish fishery program                  IFQ Program in the North Pacific. The                 Actual and standard. Actual ex-vessel
                                              fees at the revised rate.                               IFQ Program is a limited access system                value is the amount of all compensation,
                                                                                                      authorized by the Magnuson-Stevens                    monetary or non-monetary, that an IFQ
                                                Fee collection and submission shall                   Fishery Conservation and Management                   permit holder received as payment for
                                              follow previously established methods                   Act (Magnuson-Stevens Act) and the                    his or her IFQ fish sold. Standard ex-
                                              in § 600.1013 of the framework rule and                 Northern Pacific Halibut Act of 1982.                 vessel value is the default value used to
                                              in the final fee rule published in the                  Fishing under the IFQ Program began in                calculate the fee. IFQ permit holders
                                              Federal Register on September 24, 2007                  March 1995. Regulations implementing                  have the option of using actual ex-vessel
                                              (72 FR 54219).                                          the IFQ Program are set forth at 50 CFR               value if they can satisfactorily document
                                                Authority: The authority for this action is           part 679.                                             it; otherwise, the standard ex-vessel
                                              Public Law 108–447, 16 U.S.C. 1861a (b–e),                 In 1996, the Magnuson-Stevens Act                  value is used.
                                              and 50 CFR 600.1000 et seq.                             was amended to, among other purposes,                    Section 679.45(b)(3)(iii) requires the
                                                                                                      require the Secretary of Commerce to                  Regional Administrator to publish IFQ
                                                Dated: December 3, 2018.
                                                                                                      ‘‘collect a fee to recover the actual costs           standard prices during the last quarter
                                              Brian Pawlak,                                           directly related to the management and                of each calendar year. These standard
                                              CFO/CAO Director, Office of Management                  enforcement of any . . . individual                   prices are used, along with estimates of
                                              and Budget, National Marine Fisheries                   quota program.’’ This requirement was                 IFQ halibut and IFQ sablefish landings,
                                              Service.                                                further amended in 2006 to include                    to calculate standard ex-vessel values.
                                              [FR Doc. 2018–26884 Filed 12–11–18; 8:45 am]            collection of the actual costs of data                The standard prices are described in
                                              BILLING CODE 3510–22–P                                  collection, and to replace the reference              U.S. dollars per IFQ equivalent pound
                                                                                                      to ‘‘individual quota program’’ with a                for IFQ halibut and IFQ sablefish
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                      more general reference to ‘‘limited                   landings made during the year.
                                                                                                      access privilege program’’ at section                 According to § 679.2, IFQ equivalent
                                                                                                      304(d)(2)(A). Section 304(d)(2) of the                pound(s) means the weight amount,
                                                                                                      Magnuson-Stevens Act also specifies an                recorded in pounds, and calculated as
                                                                                                      upper limit on these fees, when the fees              round weight for sablefish and headed
                                                                                                      must be collected, and where the fees                 and gutted weight for halibut, for an IFQ
                                                                                                      must be deposited.                                    landing. The weight of halibut in


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Document Created: 2018-12-12 01:39:31
Document Modified: 2018-12-12 01:39:31
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 of fee rate adjustment.
DatesThe non-pollock groundfish program fee rate increase will begin with landings on and after January 1, 2019. The first due date for fee payments with the increased rate will be February 15, 2019.
ContactElaine Saiz, (301) 427-8752.
FR Citation83 FR 63833 
RIN Number0648-XG65

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