[Federal Register Volume 74, Number 210 (Monday, November 2, 2009)]
[Notices]
[Pages 56592-56593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26306]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XB47


Fishing Capacity Reduction Program for the Longline Catcher 
Processor Subsector of the Bering Sea and Aleutian Islands Non-Pollock 
Groundfish Fishery

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 decrease the fee rate for the non-
pollock groundfish fishery to repay the $35,000,000 reduction loan to 
finance the Non-Pollock groundfish fishing capacity reduction program.

DATES: The non-pollock groundfish program fee rate decrease will begin 
on January 1, 2010.

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)-(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 CFR part 600 is the framework rule generally 
implementing section 312(b)-(e).
    Sections 1111 and 1112 of the Merchant Marine Act, 1936 (46 App. 
U.S.C. 1279f and 1279g) generally authorizes reduction loans.
    Enacted on December 8, 2004, section 219, Title II, of FY 2005 
Appropriations Act, Public Law 104-447 (Act) authorizes a fishing 
capacity reduction program implementing capacity reduction plans 
submitted to NMFS by catcher processor subsectors of the Bering Sea and 
Aleutian Islands (``BSAI'') non-pollock groundfish fishery (``reduction 
fishery'')as set forth in the Act.
    The longline catcher processor subsector (the ``Longline 
Subsector'') is among the catcher processor subsectors eligible to 
submit to NMFS a capacity reduction plan under the terms of the Act.
    The longline subsector non-pollock groundfish reduction program's 
objective was to reduce the number of vessels and permits endorsed for 
longline subsector of the non-pollock groundfish fishery.
    All post-reduction fish landings from the reduction fishery are 
subject to the longline subsector non-pollock groundfish program's fee.
    NMFS proposed the implementing notice on August 11, 2006 (71 FR 
46364)and published the final notice on September 29, 2006 (71 FR 
57696).
    NMFS allocated the $35,000,000 reduction loan to the reduction 
fishery and is repayable by fees from the fishery.
    NMFS published in the Federal Register on September 24, 2007 (72 FR 
54219), the final rule to implement the industry fee system for 
repaying the non-pollock groundfish program's reduction loan and 
established October 24, 2007 as the effective date when fee collection 
and loan repayment began. The regulations implementing the program are 
located at Sec.  600.1012 of 50 CFR part 600's subpart M.

II. Purpose

    The purpose of this notice is to adjust, in accordance with the 
framework rule's Sec.  600.1013(b), the fee rate for the reduction 
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 for the reduction fishery that the current fee 
rate of $0.02 per pound is more than needed to service the loan. 
Therefore,

[[Page 56593]]

NMFS is decreasing the fee rate to $0.016 per pound which NMFS has 
determined is sufficient to ensure timely loan repayment.
    To provide more accessible services, streamline collections, and 
save taxpayer dollars, subsector members may disburse collected fee 
deposits to NMFS by using a secure Federal system on the Internet known 
as Pay.gov. Pay.gov enables subsector members to use their checking 
accounts to electronically disburse their collected fee deposits to 
NMFS. Subsector members who have access to the Internet should consider 
using this quick and easy collected fee disbursement method. Subsector 
members may access Pay.gov by going directly to Pay.gov's Federal 
website at: http://www.pay.gov/paygov/.
    Subsector members 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 Longline Catcher Processor Non-pollock Buyback
    P. O. Box 979028
    St. Louis, MO 63197--9000
    Subsector members 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 the reduction fishery loan. Subsector 
members using Pay.gov will find an electronic fee collection report 
form to receive information and accompany electronic disbursements. 
Subsector members who do not use Pay.gov must include a hard copy fee 
collection report with each of their disbursements. Subsector members 
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 fee rate for the Non-Pollock Groundfish fishery will begin 
on January 1, 2010.
    From and after this date, all subsector members paying fees on the 
non-pollock groundfish fishery shall begin paying non-pollock 
groundfish fishery program fees at the revised rate.
    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 24, 2007 (72 FR 
54219).
    The revised fees applicable to the non-pollock groundfish program's 
reduction fishery is as follows:

------------------------------------------------------------------------
                FISHERY                   CURRENT FEE RATE  NEW FEE RATE
------------------------------------------------------------------------
Non-Pollock Groundfish                   $0.02 per pound     $0.016 per
                                                                  pound
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    Authority: The authority for this action is Pub. L. 108-447, 16 
U.S.C. 1861a (b-e), and 50 CFR 600.1000 et seq.

    Dated: October 27, 2009
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
[FR Doc. E9-26306 Filed 10-30-09; 8:45 am]
BILLING CODE 3510-22-S