[Federal Register Volume 70, Number 240 (Thursday, December 15, 2005)]
[Rules and Regulations]
[Pages 74208-74214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24082]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[I.D. 120805C]


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

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

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

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SUMMARY: The National Marine Fisheries Service publishes IFQ standard 
prices for the IFQ Cost Recovery Program in the halibut and sablefish 
fisheries of the North Pacific. This action is intended to provide 
holders of halibut and sablefish IFQ permits information to calculate 
the payments required for IFQ cost recovery fees due by January 31, 
2006.

DATES: Effective December 15, 2005.

FOR FURTHER INFORMATION CONTACT: Troie Zuniga, Fee Coordinator, 907-
586-7231.

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 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 March 20, 2000, NMFS published regulations implementing the IFQ 
Cost Recovery Program (65 FR 14919), which 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

[[Page 74209]]

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).

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 during the year. 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 IFQ 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.
BILLING CODE 3510-22-S

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

    Dated: December 12, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-24082 Filed 12-14-05; 8:45 am]
BILLING CODE 3510-22-C