[Federal Register Volume 67, Number 241 (Monday, December 16, 2002)]
[Rules and Regulations]
[Pages 76998-77001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31447]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 991207325-0063-02; I.D. 100699A]


Fisheries of the Exclusive Economic Zone Off Alaska; North 
Pacific Halibut and Sablefish IFQ Cost Recovery Program

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

ACTION: Notice of standard prices and fee percentage for North Pacific 
halibut and sablefish Individual Fishing Quota (IFQ) cost recovery 
program.

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

SUMMARY: The NMFS publishes IFQ standard prices and notification of 
adjustment of the IFQ fee percentage for the IFQ Cost Recovery Program 
in the halibut and sablefish fisheries of the North Pacific. This 
action is required by regulations in 50 CFR part 679. This action is 
intended to provide holders of halibut and sablefish IFQs with 
information to calculate the payments required for IFQ cost recovery 
fees due by January 31, 2003.

DATES: Effective December 16, 2002.

FOR FURTHER INFORMATION CONTACT: Kristie Balovich, Fee Coordinator, 
907-586-7344.

SUPPLEMENTARY INFORMATION:

Background

    NMFS, Alaska Region, administers the halibut and sablefish IFQ 
programs in the North Pacific. The IFQ Programs are limited access 
systems authorized by section 303(b) of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) and the Northern 
Pacific Halibut Act of 1982. Fishing under the IFQ Programs began in 
March 1995. Regulations implementing the IFQ Program are set forth at 
50 CFR part 679.
    In 1996, the Magnuson-Stevens Act was amended (by Public Law 104-
297) to, among other things, require the Secretary of Commerce to 
``collect a fee to recover the actual costs directly related to the 
management and enforcement of any * * * individual fishing quota 
program.'' (Section 304(d)(2)(A)). Section 304(d)(2) of the Magnuson-
Stevens Act specifies an upper limit on these fees, when the fees must 
be collected, and where the fees must be deposited. Section 303(d)(4) 
of the Magnuson-Stevens Act allows

[[Page 76999]]

NMFS to reserve up to 25 percent of the fees collected for use in an 
IFQ loan program to aid in financing the purchase of IFQ or quota share 
(QS) by entry-level and small-vessel fishermen.
    On December 27, 1999, NMFS published a proposed rule to implement 
the IFQ Cost Recovery Program (64 FR 72302) and published the final 
rule on March 20, 2000 (65 FR 14919). The final regulations 
implementing the IFQ Cost Recovery Program are set forth at 50 CFR 
679.45.
    Under the regulations, an IFQ permit holder incurs a cost recovery 
fee liability for every pound of IFQ halibut and IFQ sablefish that is 
landed on his or her IFQ permit(s). The IFQ permit holder is 
responsible for self-collecting the fee liability for all IFQ halibut 
and IFQ sablefish landings on his or her permit(s). The IFQ permit 
holder is also responsible for submitting a fee liability payment to 
NMFS on or before the due date of January 31 following the year in 
which the IFQ landings were made. The dollar amount of the fee due is 
determined by multiplying the annual IFQ fee percentage (3 percent or 
less) by the ex-vessel value of each IFQ landing made on a permit and 
summing the totals of each permit (if more than one).

Fee Percentage

    Three percent of the ex-vessel value of IFQ halibut and IFQ 
sablefish harvested is the maximum fee amount allowed by section 
304(d)(2)(B) of the Magnuson-Stevens Act. Regulations at Sec.  
679.45(d) allow the Administrator, Alaska Region, NMFS (Regional 
Administrator), to reduce the fee percentage if actual management and 
enforcement costs could be recovered through a lesser percentage. In 
this event the Regional Administrator will publish a notification of 
any adjustment of the IFQ fee percentage in the Federal Register 
pursuant to Sec.  679.45(d)(4).
    For 2002, the Regional Administrator has determined that a fee of 
2.0 percent (0.02) is necessary to recover the actual management and 
enforcement costs. Therefore, the Regional Administrator is adjusting 
the cost recovery fee applicable to year 2002 IFQ landings from 3 
percent (0.03) to 2.0 percent (0.02).

Standard Prices

    The fee liability is based on the sum of all payments of monetary 
worth made to fishermen for the sale of the fish. This includes any 
retro-payments, e.g., bonuses, delayed partial payments, post-season 
payments, made to the IFQ permit holder for previously landed IFQ 
halibut or sablefish.
    For purposes of calculating IFQ cost recovery fees, NMFS 
distinguishes between two types of ex-vessel value: ``actual ex-vessel 
value'' and ``standard ex-vessel value.'' ``Actual ex-vessel value'' is 
the amount of all compensation, monetary or non-monetary, that an IFQ 
permit holder received as payment for his or her IFQ fish sold. 
``Standard ex-vessel value'' is the default value on which to base fee 
liability calculations. However, IFQ permit holders have the option of 
using ``actual ex-vessel value'' if they can satisfactorily document 
those values.
    Regulations at Sec.  679.45(c)(2)(i) require the Regional 
Administrator to publish IFQ standard prices during the last quarter of 
each calendar year. These standard prices are used, along with 
estimates of IFQ halibut and sablefish landings, to calculate standard 
values. The standard prices are described in U.S. dollars per IFQ 
equivalent pound, for IFQ halibut and IFQ sablefish landings made 
during the year. IFQ equivalent pound(s) means the weight amount, 
recorded in pounds, for an IFQ landing and calculated as round weight 
for sablefish and headed and gutted (``net'') weight for halibut. NMFS 
calculates the standard prices to reflect, as closely as possible, by 
month and port or port-group, the variations in the actual ex-vessel 
values of IFQ halibut and IFQ sablefish landings. The standard prices 
for IFQ halibut and IFQ sablefish are listed in the following table. 
Data from ports are combined as necessary to protect confidentiality of 
data submissions.

REGISTERED BUYER STANDARD PRICES BY LANDING LOCATION FOR 2002 IFQ SEASON
------------------------------------------------------------------------
                                                  HALIBUT     SABLEFISH
       LANDING LOCATION         PERIOD ENDING     STANDARD     STANDARD
                                                   PRICE        PRICE
------------------------------------------------------------------------
CORDOVA                        March 31.......  ...........  ...........
                               April 30.......        $1.99  ...........
                               May 31.........        $1.99        $1.99
                               June 30........        $2.03
                               July 31........        $2.21
                               August 31......        $2.44
                               September 30...        $2.77
                               October 31.....        $2.77
                               November 30....        $2.77
DUTCH HARBOR                   March 31.......  ...........  ...........
                               April 30.......        $1.83  ...........
                               May 31.........        $1.77        $1.76
                               June 30........        $1.87        $1.78
                               July 31........        $1.96  ...........
                               August 31......        $2.12        $2.10
                               September 30...        $2.29        $1.95
                               October 31.....        $2.29        $1.95
                               November 30....        $2.29        $1.95
HOMER                          March 31.......        $2.17        $1.85
                               April 30.......        $2.13        $1.86
                               May 31.........        $1.97  ...........
                               June 30........        $2.07  ...........
                               July 31........        $2.19        $2.18
                               August 31......        $2.54        $2.17
                               September 30...        $2.90
                               October 31.....        $2.90
                               November 30....        $2.90

[[Page 77000]]

 
KETCHIKAN                      March 31.......  ...........  ...........
                               April 30.......  ...........
                               May 31.........        $2.06
                               June 30........  ...........
                               July 31........        $2.20
                               August 31......        $2.40
                               September 30...        $2.74
                               October 31.....        $2.74
                               November 30....        $2.74
KODIAK                         March 31.......        $2.13  ...........
                               April 30.......        $1.89        $1.98
                               May 31.........        $1.34        $1.98
                               June 30........        $1.91        $2.04
                               July 31........        $1.97        $2.20
                               August 31......        $2.23  ...........
                               September 30...        $2.56        $2.34
                               October 31.....        $2.56        $2.34
                               November 30....        $2.56        $2.34
PETERSBURG                     March 31.......        $2.06  ...........
                               April 30.......        $2.04  ...........
                               May 31.........        $2.03        $2.03
                               June 30........        $2.02
                               July 31........        $2.08
                               August 31......        $2.37
                               September 30...        $2.71
                               October 31.....        $2.71
                               November 30....        $2.71
SEWARD                         March 31.......        $2.28        $2.01
                               April 30.......        $2.07        $1.94
                               May 31.........        $1.92        $1.94
                               June 30........        $1.99        $2.03
                               July 31........  ...........  ...........
                               August 31......  ...........  ...........
                               September 30...        $2.73        $2.40
                               October 31.....        $2.73        $2.40
                               November 30....        $2.73        $2.40
SITKA                          March 31.......  ...........  ...........
                               April 30.......        $1.95
                               May 31.........  ...........
                               June 30........  ...........
                               July 31........  ...........
                               August 31......  ...........
                               September 30...        $2.68
                               October 31.....        $2.68
                               November 30....        $2.68
------------------------------------------------------------------------


   REGISTERED BUYER STANDARD PRICES BY PORT GROUP FOR 2002 IFQ SEASON
------------------------------------------------------------------------
                                                  HALIBUT     SABLEFISH
          PORT GROUP            PERIOD ENDING     STANDARD     STANDARD
                                                   PRICE        PRICE
------------------------------------------------------------------------
\1\BERING SEA                  March 31.......  ...........  ...........
                               April 30.......        $1.70        $1.78
                               May 31.........        $1.76        $1.82
                               June 30........        $1.84        $1.90
                               July 31........        $1.93        $1.98
                               August 31......        $2.07        $2.11
                               September 30...        $2.25        $2.00
                               October 31.....        $2.25        $2.00
                               November 30....        $2.25        $2.00

[[Page 77001]]

 
\2\CENTRAL GULF                March 31.......        $2.19        $1.98
                               April 30.......        $2.04        $2.04
                               May 31.........        $1.75        $1.99
                               June 30........        $1.98        $2.07
                               July 31........        $2.07        $2.15
                               August 31......        $2.46        $2.23
                               September 30...        $2.67        $2.44
                               October 31.....        $2.67        $2.44
                               November 30....        $2.67        $2.44
\3\SOUTHEAST                   March 31.......        $2.14        $2.06
                               April 30.......        $2.05        $2.04
                               May 31.........        $2.04        $2.09
                               June 30........        $2.03        $2.22
                               July 31........        $2.17        $2.28
                               August 31......        $2.37        $2.34
                               September 30...        $2.72        $2.64
                               October 31.....        $2.72        $2.64
                               November 30....        $2.72        $2.64
\4\ALL                         March 31.......        $2.16        $2.03
                               April 30.......        $2.03        $2.02
                               May 31.........        $1.83        $2.00
                               June 30........        $1.97        $2.11
                               July 31........        $2.04        $2.14
                               August 31......        $2.26        $2.23
                               September 30...        $2.60        $2.49
                               October 31.....        $2.60        $2.49
                               November 30....        $2.60        $2.49
------------------------------------------------------------------------
\1\ Landing locations Within Port Group - Bering Sea: Adak, Akutan,
  Akutan Bay, Atka, Bristol Bay, Chefornak, Dillingham, Captains Bay,
  Dutch Harbor, Egegik, Ikatan Bay, Hooper Bay, King Cove, King Salmon,
  Kipnuk, Mekoryuk, Naknek, Nome, Quinhagak, Savoonga, St. George, St.
  Lawrence, St. Paul, Togiak, Toksook Bay, Tununak, Beaver Inlet,
  Ugadaga Bay, Unalaska.
\2\ Landing Locations Within Port Group - Central Gulf of Alaska: Anchor
  Point, Anchorage, Chignik, Cordova, Eagle River, False Pass, West
  Anchor Cove, Girdwood, Chinitna Bay, Halibut Cove, Homer, Kasilof,
  Kenai, Kenai River, Alitak, Kodiak, Port Bailey, Nikiski, Ninilchik,
  Old Harbor, Palmer, Sand Point, Seldovia, Resurrection Bay, Seward,
  Valdez.
\3\ Landing Locations Within Port Group - Southeast Alaska: Angoon,
  Baranof Warm Springs, Craig, Edna Bay, Elfin Cove, Excursion Inlet,
  Gustavus, Haines, Hollis, Hoonah, Hyder, Auke Bay, Douglas, Tee
  Harbor, Juneau, Kake, Ketchikan, Klawock, Metlakatla, Pelican,
  Petersburg, Portage Bay, Port Alexander, Port Graham, Port Protection,
  Point Baker, Sitka, Skagway, Tenakee Springs, Thorne Bay, Wrangell,
  Yakutat.
\4\ Landing Locations Within Port Group - All: For Alaska: All landing
  locations included in 1, 2, and 3. For California: Eureka, Fort Bragg,
  Other California. For Oregon: Astoria, Aurora, Lincoln City, Newport,
  Warrenton, Other Oregon. For Washington: Anacortes, Bellevue,
  Bellingham, Nagai Island, Edmonds, Everett, Granite Falls, Ilwaco, La
  Conner, Port Angeles, Port Orchard, Port Townsend, Ranier, Fox Island,
  Mercer Island, Seattle, Standwood, Other Washington. For Canada: Port
  Hardy, Port Edward, Prince Rupert, Vancouver, Haines Junction, Other
  Canada.


    Dated: December 4, 2002.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-31447 Filed 12-13-02; 8:45 am]
BILLING CODE 3510-22-S