[Federal Register Volume 66, Number 46 (Thursday, March 8, 2001)]
[Proposed Rules]
[Pages 13870-13871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5759]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[Docket No. 010110022-1022-01; I.D. 120800A]
RIN 0648-AO89


Magnuson-Stevens Fishery Conservation and Management Act; 
Amendment of Foreign Fishing Regulations

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes a fee schedule for foreign vessels fishing in 
the U.S. Exclusive Economic Zone (EEZ). The intent of this action is to 
comply with the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act), which requires the establishment of a 
schedule of reasonable fees that apply non-discriminatorily to each 
foreign fishing nation.

DATES: Comments must be received on or before April 9, 2001.

ADDRESSES: Send comments to Bruce C. Morehead, Office of Sustainable 
Fisheries, NMFS, 1315 East-West Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Robert A. Dickinson, 301-713-2276.

SUPPLEMENTARY INFORMATION: Regulations at 50 CFR part 600, subpart F 
govern foreign fishing under the Magnuson-Stevens Act (16 U.S.C. 1801 
et seq.). The regulations provide for the application and issuance of 
foreign fishing permits under provisions of section 204(b) of the 
Magnuson-Stevens Act. Under section 204(b), foreign vessels may be 
permitted to catch, process, scout, support and transship in the EEZ.
    Section 204(b)(10) of the Magnuson-Stevens Act requires the 
establishment of a schedule of reasonable fees to apply non-
discriminatorily to each foreign fishing nation. Regulations at 50 CFR 
600.518 require, among other things, that foreign vessels authorized to 
directly harvest fish in the EEZ pay fees based on the number of metric 
tons (mt) of allocated species harvested. The species potentially 
available for foreign fishing and the fees associated with those 
species have been in effect since 1992 and are in need of updating. The 
species and fees are found in the table

[[Page 13871]]

at 50 CFR 600.518(b)(1). NMFS proposes to amend this table to remove 
species no longer available for allocation, clarify listings for 
certain species appearing in the table, add Atlantic herring as an 
allocable species, and establish the fees to be paid for the resulting 
list of allocable species.
    Specifically, NMFS proposes to remove red and silver Hake and the 
associated fees from the table. These species are no longer available 
for harvest by foreign fishing vessels. NMFS proposes to amend the 
table to clarify that, instead of referring to ``Herring,'' the table 
should refer to ``Herring, River.'' NMFS proposes to amend the table to 
clarify that, instead of referring to ``Other groundfish,'' the table 
should refer to ``Other finfish.'' NMFS proposes to add ``Atlantic 
herring'' to the table as a potentially allocable species.
    With respect to fees to be charged, in recommending a specification 
of a total allowable level of foreign fishing (TALFF) for Atlantic 
herring and Atlantic mackerel, the New England Fishery Management 
Council and the Mid-Atlantic Fishery Management Council, respectively, 
intended each TALFF to be an incentive for increased joint venture 
activities between U.S. and foreign vessels. NMFS believes it would be 
reasonable to support the intent of the Councils by continuing the NMFS 
practice of keeping fees at a low level. Joint ventures are expected to 
be an integral part of foreign fishing operations in both the Atlantic 
herring and Atlantic mackerel fisheries and the costs of the foreign 
directed fisheries influence the ability of foreign owners and 
operators to purchase herring and mackerel at-sea from U.S. fishermen. 
Lower fees for allocated species should result in a greater likelihood 
that U.S. fishermen will receive closer to current ex-vessel values for 
herring and mackerel than they would receive with higher fees in 
effect. Fees set for directed fishing at prohibitively high levels 
could adversely affect U.S. fishermen engaged in joint ventures and 
U.S. opportunities to develop the Atlantic herring and Atlantic 
mackerel fisheries. Based on past experience, NMFS believes it would be 
both appropriate and reasonable to set foreign fees at 20 percent of 
ex-vessel value. Thus, NMFS proposes to calculate a fee per mt for each 
allocable species, or species group, equal to 20 percent of the ex-
vessel value of each allocable species, or species group. NMFS proposes 
to calculate ex-vessel values based on a 5-year average ex-vessel value 
for each species, or species group, according to ex-vessel value 
records maintained by the NMFS Fisheries Statistics and Economics 
Division. However, in the case of Atlantic mackerel, an anomaly in ex-
vessel value occurred in 1997 when the ex-vessel value of Atlantic 
mackerel rose to approximately $630.00 per mt from an average ex-vessel 
value of approximately $324.00 per mt. Although the reasons for this 
anomaly are not entirely clear, NMFS believes the higher ex-vessel 
value for Atlantic mackerel in 1997 is related to the higher world 
prices for mackerel that resulted from a severe reduction in the 
``Total Allowable Catch'' for the North Sea mackerel fishery. The North 
Sea fishery is large enough to influence the world price of frozen 
mackerel. NMFS believes it is appropriate to factor out this anomaly 
when determining the 5-year ex-vessel value of Atlantic mackerel for 
purposes of calculating the foreign fee schedule. Not factoring out the 
anomaly would result in a fee for Atlantic mackerel of $78.97 per mt. 
Factoring out the anomaly results in, and NMFS proposes, a fee for 
Atlantic mackerel of $64.76 per mt.
    NMFS believes fees so calculated will recover fees at a reasonable 
level, as required by section 204(b)(10) of the Magnuson-Stevens Act. 
Also, in accordance with section 204(b)(10), the proposed fees are non-
discriminatory because the owners or operators of vessels of all 
nations receiving allocations for directed fishing would pay the same 
fees.
    Under NOAA Administrative Order 205-11, 7.01, dated December 17, 
1990, the Under Secretary for Oceans and Atmosphere has delegated to 
the Assistant Administrator for Fisheries, NOAA, the authority to sign 
material for publication in the Federal Register.

Classification

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities 
because the entities that would be affected by this regulation are not 
small entities within the meaning of the Regulatory Flexibility Act. As 
a result, an initial Regulatory Flexibility Analysis was not prepared.

List of Subjects in 50 CFR Part 600

    Fisheries, Fishing, Foreign relations, Intergovernmental relations.

    Dated: March 1, 2001.
Clarence Pautzke,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR Chapter VI is 
proposed to be amended as follows:

PART 600--MAGNUSON-STEVENS ACT PROVISIONS

    1. The authority citation for part 600 continues to read as 
follows:

    Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.

    2. In Sec. 600.518(b)(1), the table is revised to read as follows:


Sec. 600.518  Fee schedule for foreign fishing.

* * * * *
    (b) * * *
    (1) * * *

                    TABLE--SPECIES AND POUNDAGE FEES
                         [Dollars per metric ton]
------------------------------------------------------------------------
                                                                Poundage
                            Species                               fees
------------------------------------------------------------------------
Northwest Atlantic Ocean fisheries:
  1. Butterfish...............................................    277.96
  2. Herring, Atlantic........................................     25.75
  3. Herring, River...........................................     49.59
  4. Mackerel, Atlantic.......................................     64.76
  5. Other finfish............................................     45.48
  6. Squid, Illex.............................................     97.56
  7. Squid, Loligo............................................    321.68
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[FR Doc. 01-5759 Filed 3-7-01; 8:45 am]
BILLING CODE 3510-22-S