[Federal Register Volume 71, Number 1 (Tuesday, January 3, 2006)]
[Rules and Regulations]
[Pages 27-28]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24697]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[Docket No. 041029298-5343-06; I.D. 091505E]
RIN 0648-AS38


Magnuson-Stevens Act Provisions; Fishing Capacity Reduction 
Program; Pacific Coast Groundfish Fishery; California, Washington, and 
Oregon Fisheries for Coastal Dungeness Crab and Pink Shrimp; Industry 
Fee Collection System for Fishing Capacity Reduction Loan

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

ACTION: Final rule.

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SUMMARY: NMFS publishes this final rule to clarify that the fee 
regulations for the Pacific Coast groundfish fishing capacity reduction 
program do not apply to any shrimp landed under Washington State 
fishing licenses for Puget Sound shrimp. The fee regulations remain 
otherwise unchanged. The purpose of this final rule is to clarify that 
the fee rules do not apply to the Puget Sound licenses.

DATES: This final rule is effective January 3, 2006.

FOR FURTHER INFORMATION CONTACT: Michael L. Grable, Financial Services 
Division, NMFS headquarters, at 301-713-2390.

SUPPLEMENTARY INFORMATION:

Electronic Access

    This Federal Register document is also accessible via the Internet 
at the Office of the Federal Register's website at http://www.access.gpo.gov/su-docs/aces/aces140.html.

Background

    Section 312(b)-(e) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1861a(b) through (e)) (Magnuson-Stevens Act) 
generally authorizes fishing capacity reduction programs. In 
particular, Magnuson-Stevens Act section 312(d) authorizes industry fee 
systems for repaying fishing capacity reduction loans which finance 
program costs.
    Section 212 of Division B, Title II, of Public Law 108-7 (section 
212) specifically authorizes the Pacific Coast groundfish fishing 
capacity reduction program. Pursuant to section 212, NMFS implemented 
the groundfish program by a July 18, 2003, Federal Register notice (68 
FR 42613). On July 13, 2005, NMFS published this program's fee 
regulations as a final rule (70 FR 40225) which is codified under 
subpart M at Sec.  600.1102.
    The fee regulations require the payment and collection of fees as 
percentages of the ex-vessel value of certain fish landed in both a 
``reduction fishery'' and in certain ``fee-share fisheries''. One of 
the fee-share fisheries is the Washington State fishery for pink 
shrimp.
    Section 212 defines a ``fee-share fishery'' as ``a fishery, other 
than the reduction fishery, whose members are eligible to vote in a 
referendum for an industry fee system . . . .'' Section 212 also 
provides that ``persons who have been issued . . . Washington . . . 
Pink shrimp permits shall be eligible to vote in the referendum . . . 
.'' Consequently, under section 212, the fee-share fishery involving 
Washington pink shrimp is the fishery for pink shrimp conducted by 
person whom Washington has issued a ``pink shrimp permit.''
    At the time the proposed and final rules were published, NMFS was 
aware of only one ``pink shrimp'' fishery. NMFS became aware after 
publication of both the groundfish program notice and the program's 
subsequent fee regulations of the existence of two additional 
Washington State licenses involving pink shrimp other than the ``pink 
shrimp'' licenses themselves.
    These additional Washington State licenses are the ``Puget Sound 
Shrimp Pots'' licenses and ``Puget Sound Shrimp Trawl'' licenses. 
Although both these Puget Sound shrimp licenses involve some pink 
shrimp harvests in Puget Sound, both involve the harvest of other types 
of shrimp as well. The Washington ``pink shrimp'' permits issued for 
Puget Sound were not intended to be included in the Washington fee-
share fishery involving pink shrimp.
    The fee regulations, consequently, did not specifically exclude 
from fee payment and collection pink shrimp caught under the two Puget 
Sound shrimp licenses. The holders of the Puget Sound shrimp licenses 
did not vote in the groundfish program's fee referendum and NMFS did 
not include the ex-vessel value of pink shrimp landed under the Puget 
Sound licenses in the required section 212 formula both for referendum 
vote weighting and for establishing the reduction loan sub-amounts for 
whose repayment the reduction fishery and each of the fee-share 
fisheries were responsible.
    The Puget Sound shrimp fisheries are not a fee-share fishery and 
section 212 does not authorize the payment and collection of fees on 
any shrimp, including pink shrimp, harvested under the Puget Sound 
shrimp licenses. Nevertheless, the fee regulations do not clearly 
exclude pink shrimp harvested under the Puget Sound shrimp licenses 
because NMFS was unaware of these licenses' existence until after 
adopting a final fee rule.
    Fee collection and payment began on September 8, 2005, and this 
final rule is necessary to clarify that the fee-share fishery involving 
Washington pink shrimp includes only that portion of the Washington 
pink shrimp which is harvested by persons to whom Washington issued 
ocean pink shrimp licenses.

    On November 29, 2005, NMFS published a Federal Register document 
(70 FR 71449) proposing to exclude from the fee any pink shrimp caught 
under the inshore licenses.

Summary of Comments and Responses

    NMFS did not receive any comments to the proposed rule. 
Consequently, this action adopts the proposed regulations without 
revision.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), has 
determined that this final rule is consistent with the Magnuson-Stevens 
Act and other applicable laws.
    Pursuant to 5 U.S.C. 553(d)(1), the 30-day delay in effectiveness 
is inapplicable because this rule relieves a restriction. This rule 
revises the regulations to expressly exclude the holders of the Puget 
Sound pink shrimp licenses from the groundfish program's fee collection 
system. These license holders are specifically excluded from 
regulations that require payment and collection of fees for the Pacific 
Coast groundfish fishing capacity reduction program. Upon 
implementation of this rule, these license holders would no longer be 
required to pay fees for shrimp landed in Puget Sound. Because this 
rule relieves these license holders from payment of these fees, the 30-
day delay in effectiveness is inapplicable and this rule is effective 
upon publication.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation at the Department of Commerce 
certified to the Chief Counsel for Advocacy of the

[[Page 28]]

Small Business Administration that this rule would not have a 
significant economic impact on a substancial number of small entities 
as that term is defined in the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq. The factual basis for this certification is found in the 
proposed rule and is not repeated here. No comments were received on 
the economic impact of this rule or the certification. As a result, a 
final regulatory flexibility analysis was not prepared.

List of Subjects in 50 CFR Part 600

    Fisheries, Fishing capacity reduction, Fishing permits, Fishing 
vessels.

    Dated: December 28, 2005.
James W. Balsiger,
Acting Deputy Assistant Administrator for Regulatory programs, National 
Marine Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR part 600 is amended as 
follows:

PART 600--MAGNUSON-STEVENS ACT PROVISIONS

0
1. The authority citation for part 600 continues to read as follows:

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

Subpart M Specific Fishery or Program Fishing Capacity Reduction 
Regulations

0
2. In Sec.  600.1102, the definition of ``Fee-share fishery'' in 
paragraph (b) is revised, and paragraphs (d)(2)(vi) and (i)(1)(vi) are 
revised to read as follows:


Sec.  600.1102  Pacific Coast groundfish fee.

* * * * *
    (b) * * *
    Fee-share fishery means each of the fisheries for coastal Dungeness 
crab and pink shrimp in each of the States of California and Oregon and 
the fishery for coastal Dungeness crab and ocean pink shrimp in the 
State of Washington.
* * * * *
    (d) * * *
    (2) * * *
    (vi) Washington ocean pink shrimp fee-share fishery, $259,400.
* * * * *
    (i) * * *
    (1) * * *
    (vi) All fee collections from the Washington ocean pink shrimp fee-
share fishery shall be accounted for in a Washington ocean shrimp fee-
share fishery subaccount, and
* * * * *
[FR Doc. 05-24697 Filed 12-30-05; 8:45 am]
BILLING CODE 3510-22-S