[Federal Register Volume 72, Number 150 (Monday, August 6, 2007)]
[Notices]
[Pages 43624-43625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15205]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648 XB46


Fishing Capacity Reduction Program; Bering Sea/Aleutian Islands 
King and Tanner Crabs

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

ACTION:  Notice of fee rate adjustment.

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SUMMARY:  NMFS issues this notice to increase the fee rates for the 
Bristol Bay red king and Aleutian Islands brown king crab reduction 
endorsement fisheries to repay the $17,129,957.23 and $6,380,837.19 
sub-loans, respectively, of the $97,399,357.11 reduction loan to 
finance the Bering Sea/Aleutian Islands (BSAI) King and Tanner Crab 
fishing capacity reduction program.

DATES:  The BSAI King and Tanner Crab fishing capacity reduction 
program fee rate increases will begin on September 5, 2007.

ADDRESSES:  Send questions about this notice to Leo Erwin, Chief, 
Financial Services Division, National Marine Fisheries Service, 1315 
East-West Highway, Silver Spring, MD 20910-3282.

FOR FURTHER INFORMATION CONTACT: Leo Erwin, (301) 713-2390.

SUPPLEMENTARY INFORMATION:

I. Background

    Sections 312(b) through (e) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1861a(b) through (e)) 
generally authorizes fishing capacity reduction programs. In 
particular, section 312(d) authorizes industry fee systems for repaying 
reduction loans which finance reduction program costs.
    Subpart L of 50 part 600 is the framework rule generally 
implementing section 312(b) through (e).
    Sections 1111 and 1112 of the Merchant Marine Act, 1936 (46 App. 
U.S.C. 1279f and 1279g) generally authorized reduction loans.
    The Consolidated Appropriations Act of 2001 (Public Law 106-554) 
directed the Secretary of Commerce to establish the $100 million 
fishing capacity reduction program in the BSAI king and tanner crab 
fishery. Congress amended the authorizing Act twice (Public Law 107 20 
and Public Law 107 117), once to change the crab reduction program's 
funding from a $50 million appropriation and a $50 million loan to a 
$100 million loan and once to clarify provisions about crab fishery 
vessels. NMFS adopted the program's implementation rule as Sec.  
600.1103 in a subpart M of part 600.
    NMFS published the BSAI crab reduction program's proposed 
implementation rule on December 12, 2002 (67 FR 76329) and its final 
rule on December 12, 2003 (68 FR 69331). On November 24, 2004, NMFS 
published a Federal Register notice (69 FR 68313) advising the public 
that beginning on December 27, 2004, NMFS would tender the crab 
reduction program's reduction payments to 25 accepted bidders. NMFS 
allocated the $97,399,357.11 million reduction loan to six reduction 
endorsement fisheries involved, as the following subamounts:
    1. Bristol Bay red king, $17,129,957.23,
    2. BSAI C. opilio and C. bairdi, $66,410,767.20,
    3. Aleutian Islands brown king, $6,380,837.19,
    4. Aleutian Islands red king, $237,588.04,
    5. Pribilof red king and blue king, $1,571,216.35; and
    6. St. Matthew blue king, $5,668,991.10.
    NMFS published a fee payment collection system implementation rule 
on September 16, 2005 (70 FR 54653). Fee collection and payment began 
on October 17, 2005. On May 10, 2006, NMFS published a final rule to 
exempt any crab landed under the Community Development Quota (CDQ) 
Program from the fee regulations for the BSAI King and Tanner Crab 
Fishing Capacity Reduction Program (71 FR 27209). Anyone interested in 
the program's full implementation details should refer to these 
documents.

II. Purpose

    The purpose of this notice is to adjust, in accordance with the 
framework rule's Sec.  600.1013(b), the fee rates for the BSAI king and 
tanner crab fishery. Section 600.1013(b) directs NMFS to recalculate 
the fee rate that will be reasonably necessary to ensure reduction loan 
repayment within the specified 30 year term.
    NMFS has determined that the current fee rates for the Bristol Bay 
red king and Aleutian Islands brown king reduction endorsement 
fisheries, 1.9 percent and 2.6 percent respectively, are inadequate to 
service these sub-loans. Therefore, NMFS is increasing the fee rates to 
2.5 percent for the Bristol Bay red king crab reduction endorsement 
fishery, and to 5.0 percent for the Aleutian Islands brown king crab 
reduction endorsement fishery. NMFS has determined this action for the 
Bristol Bay red king crab reduction endorsement fishery is necessary to 
ensure timely loan repayment. NMFS does not expect the Aleutian Island 
brown king crab reduction endorsement fishery to remain on a timely 
repayment schedule even with this increase. However, fee rates are 
capped at 5.0 percent by statute.
    To provide more accessible services, streamline collections, and 
save taxpayer dollars, fish buyers may

[[Page 43625]]

disburse collected fee deposits to NMFS by using a secure Federal 
system on the Internet known as Pay.gov. Pay.gov enables fish buyers to 
use their checking accounts to electronically disburse their collected 
fee deposits to NMFS. Fish buyers who have access to the Internet 
should consider using this quick and easy collected fee disbursement 
method. Fish buyers may access Pay.gov by going directly to Pay.gov's 
Federal website at: http://www.pay.gov/paygov/.
    Fish buyers who do not have access to the Internet or who simply do 
not wish to use the Pay.gov electronic system, may continue to disburse 
their collected fee deposits to us by sending their checks to our 
lockbox. Our lockbox's address is:
    NOAA Fisheries BSAI Crab Buyback
    P O Box 979060
    St. Louis, MO 63197 9000
    Fish buyers must not forget to include with their disbursements the 
fee collection report applicable to each disbursement. The fee 
collection report tells NMFS how much of the disbursement it must apply 
to each of the six reduction endorsement fisheries subamounts. Fish 
buyers using Pay.gov will find an electronic fee collection report form 
to receive information and accompany electronic disbursements. Fish 
buyers who do not use Pay.gov must include a hard copy fee collection 
report with each of their disbursements. Fish buyers not using Pay.gov 
may also access the NMFS website for an Excel spreadsheet version of 
the fee collection report at: http://www.nmfs.noaa.gov/mb/financial_services/buyback.htm.

III. Notice

    The new rates for the Bristol Bay red king and Aleutian Islands 
brown king reduction endorsement fisheries will begin on September 5, 
2007.
    From and after this date, all fish sellers paying fees on the 
Bristol Bay red king and Aleutian Islands brown king reduction 
endorsement fisheries shall begin paying BSAI crab reduction loan 
program fees at the revised rates.
    From and after this date, all fees received by NMFS for the Bristol 
Bay red king and Aleutian Islands brown king reduction endorsement 
fisheries shall be subject to the new fee rates, regardless of the 
applicable fee month.
    Fee collection and submission shall follow previously established 
methods in Sec.  600.1013 of the framework rule and in the final fee 
rule published in the Federal Register on September 16, 2005 (70 FR 
54654).
    The revised fees applicable to the BSAI crab reduction program's 
reduction endorsement fisheries are as follows:

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                                                        CRAB RATIONALIZATION      CURRENT FEE
           REDUCTION ENDORSEMENT FISHERIES                    FISHERIES               RATE         NEW FEE RATE
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                Bristol Bay red king                                      BBR             1.9%             2.5%
            BSAI C. opilio and C. bairdi                    BSS, WBT, and EBT             5.0%             5.0%
             Aleutian Islands brown king                          EAG and WAG             2.6%             5.0%
              Aleutian Islands red king                                   WAI             5.0%             5.0%
      Pribilof red king and Pribilof blue king                            PIK             5.0%             5.0%
                  St. Matthew Blue                                        SMB             5.0%             5.0%
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    Authority: The authority for this action is 5 U.S.C. 561 and 16 
U.S.C. 1801 et seq.

    Dated: July 31, 2007.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
[FR Doc. E7-15205 Filed 8-3-07; 8:45 am]
BILLING CODE 3510-22-S >