[Federal Register Volume 72, Number 144 (Friday, July 27, 2007)]
[Notices]
[Pages 41293-41294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14574]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XB69


Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands Crab Rationalization Cost Recovery Program

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

ACTION: Notification of fee percentage.

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SUMMARY:  NMFS publishes a notification of fee percentages for cost 
recovery under the Bering Sea and Aleutian Islands Crab Rationalization 
Program (Program). This action is intended to provide holders of crab 
allocations with the fee percentage for the 2007-2008 crab fishing year 
to calculate the required payment for cost recovery fees due by July 
31, 2008.

DATES:  The Crab Rationalization Program Registered Crab Receiver 
permit holder is responsible for submitting the fee liability payment 
to NMFS on or before July 31, 2008.

FOR FURTHER INFORMATION CONTACT:  Gretchen Harrington, 907-586-7228 or 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    NMFS Alaska Region administers the Crab Rationalization Program in 
the North Pacific. Fishing under the Program began in August 15, 2005. 
Regulations implementing the Program are set forth at 50 CFR part 680.
    The Program is a limited access system authorized by section 313(j) 
of the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act). The Program contains a cost recovery provision 
to collect fees to recover the actual costs directly related to the 
management and enforcement of the Program. NMFS developed the cost 
recovery provision to conform with statutory requirements

[[Page 41294]]

and to partially compensate the agency for the unique added costs of 
management and enforcement of the Program. Section 313(j) of the 
Magnuson-Stevens Act provided supplementary authority to section 
304(d)(2)(A) and additional detail for cost recovery provisions 
specific to the Program. The cost recovery provision allows collection 
of 133 percent of the actual management, data collecting, and 
enforcement costs up to three percent of the ex-vessel value of crab 
harvested under the Program. Additionally, section 313(j) requires the 
harvesting and processing sectors to each pay half the cost recovery 
fees. Catcher/processor quota share holders are required to pay the 
full fee percentage.
    A crab allocation holder generally incurs a cost recovery fee 
liability for every pound of crab landed. The crab allocations include 
Individual Fishing Quota (IFQ), Crew IFQ, Individual Processing Quota, 
Community Development Quota, and the Adak community allocation. The 
Registered Crab Receiver (RCR) permit holder must collect the fee 
liability from the crab allocation holder who is landing crab. 
Additionally, the RCR permit holder must collect his or her own fee 
liability for all crab delivered to the RCR. The RCR permit holder is 
responsible for submitting this payment to NMFS on or before the due 
date of July 31, following the crab fishing year in which payment for 
the crab is made.
    The dollar amount of the fee due is determined by multiplying the 
fee percentage (not to exceed three percent) by the ex-vessel value of 
crab debited from the allocation. Specific details on the Program's 
cost recovery provision may be found in the implementing regulations 
set forth at 50 CFR 680.44.

Fee Percentage

    Each year, NMFS calculates and publishes in the Federal Register 
the fee percentage according to the factors and methodology described 
in Federal regulations at Sec.  680.44(c)(2). The formula for 
determining the fee percentage is the 'direct program costs' divided by 
'value of the fishery', where 'direct program costs' are the direct 
program costs for the Crab Rationalization Program for the previous 
fiscal year, and 'value of the fishery' is the ex-vessel value of the 
catch subject to the crab cost recovery fee liability for the current 
year. Using this fee percentage formula, the estimated percentage of 
costs to value for the 2006/2007 fishery was 4.38 percent. However, the 
Magnuson-Stevens Act, at Sec.  304(d)(2)(B), prohibits NMFS from 
collecting fees greater that three percent of the ex-vessel value of 
the crab harvests under the Program. Therefore, the fee percentage will 
remain three percent for the 2007-2008 crab fishing year.

    Authority: 16 U.S.C. 1862 et seq.

James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E7-14574 Filed 7-26-07; 8:45 am]
BILLING CODE 3510-22-S