[Federal Register Volume 74, Number 135 (Thursday, July 16, 2009)]
[Notices]
[Pages 34551-34552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16811]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XQ16


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 a zero (0) percent fee for 
cost recovery under the Bering Sea and Aleutian Islands Crab 
Rationalization Program. This action is intended to provide holders of 
crab allocations with the fee percentage for the 2009/2010 crab fishing 
year.

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, 2010.

FOR FURTHER INFORMATION CONTACT: Gabrielle Aberle or Gretchen 
Harrington, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    NMFS Alaska Region administers the Bering Sea and Aleutian Islands 
Crab Rationalization Program (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 includes 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 to statutory requirements and to 
partially reimburse 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 for 
crab processed at sea.
    A crab allocation holder generally incurs a cost recovery fee 
liability for every pound of crab landed. The crab allocations include 
Individual Fishing Quota, Crew Individual Fishing Quota, 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 
landings of crab were made.
    The dollar amount of the fee due is determined by multiplying the 
fee percentage (not to exceed three percent)

[[Page 34552]]

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 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.
    The fee percentage has declined over time because of a variety of 
factors including the increasing value of the fishery due to increased 
total allowable catch limits for various crab species such as Bristol 
Bay red king crab (Paralithodes camtshaticus) and Bering Sea Snow crab 
(Chionoecetes opilio), increased ex-vessel price per pound of crab 
relative to previous years, and decreased management costs relative to 
previous years primarily due to decreased staff and contract costs. 
Because by regulation the fee percentage is established in the first 
quarter of a crab fishery year based on the fishery value and the costs 
of the prior year, fee collections for any given year may be less than, 
or greater than, the actual costs and fishery value for that year.
    Using the fee percentage formula described above, the estimated 
percentage of costs to value for the 2007/2008 and 2008/2009 crab 
fishing years was 3.0 percent and 1.05 percent, respectively. These fee 
levels have resulted in a fee collection greater than the actual 
management, data collection, and enforcement costs for the 2008/2009 
crab fishing year. Therefore, fee revenues remain to cover projected 
actual costs for 2009/2010. As a result, NMFS has determined that the 
fee percentage will be 0 percent for the 2009/2010 crab fishing year.

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

    Dated: July 9, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-16811 Filed 7-15-09; 8:45 am]
BILLING CODE 3510-22-S