[Federal Register Volume 81, Number 2 (Tuesday, January 5, 2016)]
[Rules and Regulations]
[Pages 150-173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-33096]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 679

[Docket No. 140304192-5999-02]
RIN 0648-BE05


Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands Management Area; New Cost Recovery Fee Programs

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

ACTION: Final rule.

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SUMMARY: NMFS publishes regulations to implement cost recovery fee 
programs for the Western Alaska Community Development Quota (CDQ) 
Program for groundfish and halibut, and three limited access privilege 
programs: The American Fisheries Act (AFA), Aleutian Islands Pollock, 
and Amendment 80 Programs. The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) authorizes and requires the 
collection of cost recovery fees for the CDQ Program and limited access 
privilege programs. Cost recovery fees recover the actual costs 
directly related to the management, data collection, and enforcement of 
the programs. The Magnuson-Stevens Act mandates that cost recovery fees 
not exceed 3 percent of the annual ex-vessel value of fish harvested by 
a program subject to a cost recovery fee. This action is intended to 
promote the goals and objectives of the Magnuson-Stevens Act, the 
Fishery Management Plan for Groundfish of the Bering Sea and Aleutian 
Islands Management Area (FMP), and other applicable laws.

DATES: Effective February 4, 2016.

ADDRESSES: Electronic copies of the Regulatory Impact Review (the 
Analysis) and the Categorical Exclusion prepared for this action may be 
obtained from http://www.regulations.gov or from the NMFS Alaska Region 
Web site at http://alaskafisheries.noaa.gov.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection of information requirements contained in this 
final rule may be submitted by mail to NMFS, Alaska Region, P.O. Box 
21668, Juneau, AK 99802-1668, Attn: Ellen Sebastian, Records Officer; 
in person at NMFS, Alaska Region, 709 West 9th Street, Room 420A, 
Juneau, AK; or by email to [email protected] or fax to (202) 
395-5806.

FOR FURTHER INFORMATION CONTACT: Glenn Merrill, (907) 586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the 
Federal exclusive economic zone of the Bering Sea and Aleutian Islands 
Management Area (BSAI) under the FMP. The North Pacific Fishery 
Management Council (Council) prepared the FMP under the authority of 
the Magnuson-Stevens Act, 16 U.S.C. 1801 et seq. Regulations governing 
U.S. fisheries and implementing this FMP appear at 50 CFR parts 600 and 
679.
    The International Pacific Halibut Commission (IPHC) and NMFS manage 
fishing for Pacific halibut through regulations established under the 
authority of the Northern Pacific Halibut Act of 1982 (Halibut Act). 
The IPHC promulgates regulations governing the halibut fishery under 
the Convention between the United States and Canada for the 
Preservation of the Halibut Fishery of the Northern Pacific Ocean and 
Bering Sea (Convention). The IPHC's regulations are subject to approval 
by the Secretary of State with the concurrence of the Secretary of 
Commerce (Secretary). NMFS publishes the IPHC's regulations as annual 
management measures pursuant to 50 CFR 300.62. The Halibut Act, at 
sections 773c(a) and (b), provides the Secretary with general 
responsibility to carry out the Convention and the Halibut Act.

Statutory Authority

    The primary statutory authority for this action is section 304(d) 
of the Magnuson-Stevens Act. Section 304(d)(2)(A) of the Magnuson-
Stevens Act specifies that the Secretary is authorized and shall 
collect a fee to recover the actual costs directly related to the 
management, data collection, and enforcement of any limited access 
privilege (LAP) program and community development quota (CDQ) program 
that

[[Page 151]]

allocates a percentage of the total allowable catch (TAC) of a fishery 
to such program. Section 304(d)(2)(B) specifies that such fee shall not 
exceed 3 percent of the ex-vessel value of fish harvested under any 
such program.
    Section 304(d)(2)(A)(i) of the Magnuson-Stevens Act authorizes and 
requires the Secretary to collect fees to recover costs from any LAP 
program. Section 3 of the Magnuson-Stevens Act defines a ``limited 
access privilege'' as including ``an individual fishing quota.'' 
Section 3 of the Magnuson-Stevens Act defines ``individual fishing 
quota'' as ``a Federal permit under a limited access system to harvest 
a quantity of fish, expressed by a unit or units representing a 
percentage of the total allowable catch of a fishery that may be 
received or held for exclusive use by a person. Such term does not 
include community development quotas as described in section 305(i).'' 
The Magnuson-Stevens Act and Federal regulations further define the 
terms ``permit,'' ``limited access system,'' ``total allowable catch,'' 
and ``person.'' These terms will be discussed in detail below.
    Section 304(d)(2)(A)(ii) of the Magnuson-Stevens Act authorizes and 
requires the Secretary to collect fees to recover costs from the CDQ 
Program for fisheries in which a percentage of the TAC of a fishery is 
allocated to the CDQ Program. Section 305(i) of the Magnuson-Stevens 
Act authorizes the CDQ Program and specifies the annual percentage of 
the TAC allocated to the CDQ Program in each directed fishery of the 
BSAI. Section 305(i) also specifies the method for further apportioning 
the TAC allocated to the CDQ Program to specific entities, called CDQ 
groups. NMFS previously implemented cost recovery fees for the amount 
of BSAI crab fishery TACs allocated to the CDQ Program under 
regulations implementing the Crab Rationalization Program (70 FR 10174, 
March 2, 2005, see regulations at Sec.  680.44) under the authority of 
section 304(d)(2) of the Magnuson-Stevens Act. This final rule 
implements cost recovery fees under the authority of section 304(d)(2) 
of the Magnuson-Stevens Act for BSAI groundfish and halibut TACs 
allocated to the CDQ Program.
    A more detailed description of the statutory authority can be found 
in the preamble of the proposed rule (80 FR 936, January 7, 2015), as 
well as in Section 1.1 of the Analysis prepared for this action.

Cost Recovery Fee Programs

    Cost recovery is the process by which NMFS recovers the actual 
costs associated with the management, data collection, and enforcement 
(also referred to as program costs) of a LAP or CDQ program. NMFS 
determines the costs based on the costs described in section 304(d) of 
the Magnuson-Stevens Act, consistent with NOAA policy on cost recovery. 
LAP and CDQ Program costs are recovered annually through a fee paid by 
persons who hold a permit granting an exclusive harvesting privilege 
for a portion of the TAC in a fishery subject to cost recovery.
    The cost recovery fees assessed cannot exceed the statutory 
limitation of 3 percent of the ex-vessel value of the fish subject to a 
cost recovery fee as specified in section 304(d) of the Magnuson-
Stevens Act. Section 1.8 of the Analysis and the preamble to this 
proposed rule (80 FR 936, January 7, 2015) contain additional 
information on the costs that are subject to a cost recovery fee and 
current NOAA policy on the collection of cost recovery fees.
    With this final rule, NMFS is implementing cost recovery fee 
programs for the AFA, Aleutian Islands Pollock, and Amendment 80 LAP 
Programs, and the CDQ Program. An effective cost recovery fee program 
requires calculating species ex-vessel values, using a standardized 
methodology to assess Program costs, assigning the appropriate fee to 
each person holding a permit, and ensuring that fees are submitted in 
full and on time. Below is a summary of the primary components of each 
cost recovery fee program (Tables 1 through 4). Each of these 
components is discussed in detail in the preamble to the proposed rule 
(80 FR 936, January 7, 2015), as well as the Analysis prepared for this 
action.

Cost Recovery Fees

    Each calendar year, NMFS will determine the cost recovery fee that 
each Program must pay. The cost recovery fee for each Program will be 
based on costs incurred during the previous Federal fiscal year (from 
October 1 of the previous calendar year through September 30 of the 
current calendar year), and the ex-vessel value of the fish that are 
subject to a cost recovery fee during the current calendar year (from 
January 1 through December 31). The incurred costs that can be 
recovered under a cost recovery program are described in Section 1.8.3 
of the Analysis and the preamble to the proposed rule.
    NMFS will calculate cost recovery fees only for fish that are 
landed and deducted from the TAC in the fisheries subject to cost 
recovery under the action. NMFS will not calculate cost recovery fees 
for any portion of a permit holder's exclusive harvest privilege that 
was not landed and deducted from the TAC. The permit holder refers to 
the person who holds the exclusive harvest privilege in the specific 
fishery. These methods for assessing cost recovery fees on landed catch 
and the designation of the permit holder are consistent with the cost 
recovery fee programs already implemented and NOAA policy guidance.
    NMFS will calculate the cost recovery fee as a percentage of the 
ex-vessel value of allocated fish species harvested by the participants 
in each program. The use of a standard ex-vessel price will provide a 
consistent methodology to assess fees on all fishery participants and 
reduce administrative costs that would be incurred by collecting ex-
vessel data from each fishery participant. The methods used to 
determine a standard ex-vessel price vary depending on the specific 
program subject to a cost recovery fee. NMFS will use existing data 
sources to determine a standard ex-vessel price for pollock (the 
Commercial Operators Annual Report), and halibut and sablefish (IFQ 
Buyer Report). NMFS will require a new report from processors who 
receive Pacific cod to determine a standard ex-vessel price for Pacific 
cod (Pacific Cod Ex-vessel Volume and Value Report). NMFS will also 
require a new report from Amendment 80 vessel operators to determine 
standard ex-vessel prices from a range of other species subject to cost 
recovery (First Wholesale Volume and Value Report). These two new 
volume and value reports are due by November 10 of each year.
    NMFS will determine a cost recovery fee percentage applicable to 
the species subject to cost recovery for each LAP and the CDQ Program. 
The cost recovery fee percentage is the percentage of the ex-vessel 
value of species used to determine a cost recovery fee that must be 
paid to NMFS. NMFS will publish the cost recovery fee percentage for 
each program in a Federal Register notice each year by December 1. NMFS 
will also send a fee liability notice to each designated representative 
of the person liable for a cost recovery fee by December 1 of each 
year. The cost recovery fee liability notice will include the total 
estimated fees due to NMFS from the person liable for the fee for that 
calendar year. The cost recovery fee will be due by December 31 of each 
year.
    For the first year of fee collection, NMFS will begin assessing 
costs for these cost recovery programs starting on the effective date 
of this final rule. The costs assessed under the first year of

[[Page 152]]

cost recovery fee program will be based on costs incurred by NMFS from 
the final rule effective date through September 30, 2016. NMFS will 
base the ex-vessel value of the fish used to determine the cost 
recovery fee on actual and estimated harvests from January 1, 2016, 
through December 31, 2016. NMFS will publish the cost recovery fee 
percentage for each Program in a Federal Register notice by December 1, 
2016. NMFS will send each designated representative a fee liability 
notice by December 1, 2016. The cost recovery fee will be due on 
December 31, 2016.
    Additional detail on how NMFS will calculate ex-vessel values, cost 
recovery fees, and the fee schedule is provided in Sections 1.7 and 
1.10 of the Analysis and the preamble to the proposed rule (80 FR 936, 
January 7, 2015) and is not repeated here.

AFA Cost Recovery Fee Program

    The Bering Sea pollock fishery is managed under the American 
Fisheries Act (AFA) (16 U.S.C. 1851 note) and the Magnuson-Stevens Act. 
The AFA limits entry by vessels and processors into all sectors of the 
pollock fishery by identifying the vessels and processors eligible to 
participate in the fishery and allocating pollock among those eligible 
participants. The AFA defines the various sectors of the Bering Sea 
pollock fishery, determines what vessels and processors are eligible to 
participate in each sector, establishes allocations of Bering Sea 
pollock total TAC to each sector as directed fishing allowances, and 
establishes excessive share limits for harvesting pollock. The 
provisions of the AFA were incorporated into the FMP and its 
implementing regulations under authority of the Magnuson-Stevens Act. 
The AFA cost recovery fee program will apply to participants in the AFA 
pollock fishery.
    As required by section 206(b) of the AFA, NMFS allocates a 
specified percentage of the Bering Sea directed pollock fishery TAC to 
each of the three AFA fishery sectors: (1) 50 percent to catcher 
vessels delivering to inshore processors, called the ``inshore 
sector''; (2) 40 percent to catcher/processors and catcher vessels 
delivering to those catcher/processors, called the ``catcher/processor 
sector''; and (3) 10 percent to catcher vessels harvesting pollock for 
processing by motherships, called the ``mothership sector.''
    Section 208 of the AFA specifies the vessels and processors that 
are eligible to participate in the inshore sector, the catcher/
processor sector, and the mothership sector. Section 210 of the AFA 
authorizes the formation of fishery cooperatives in all sectors of the 
Bering Sea pollock fishery and provides flexibility to the Council and 
NMFS to govern the formation and operation of fishery cooperatives.
    Under section 210(b), the AFA establishes additional qualifying 
criteria and operational restrictions on the formation and operation of 
cooperatives for the inshore sector. The AFA establishes a specific 
formula for making allocations of pollock to qualified inshore 
cooperatives. A catcher vessel with an AFA inshore endorsement may join 
an AFA inshore cooperative associated with an AFA inshore processor 
(AFA section 210(b); 50 CFR 679.4(l)(6)). For 2015, seven inshore 
cooperatives were formed by AFA eligible inshore catcher vessels and 
their partner inshore processors (http://alaskafisheries.noaa.gov/sustainablefisheries/afa/15bsaicoopallocations.pdf). Each inshore 
cooperative will be responsible for the payment of that cooperative's 
fee.
    The catcher/processor sector has formed two cooperatives for 
managing the exclusive harvest allocation mandated for the catcher/
processor sector under section 206(b) of the AFA--one cooperative for 
the catcher/processors and one cooperative for the catcher vessels 
harvesting pollock for processing by catcher/processors. These two 
cooperatives are associated through a joint agreement called the 
``Cooperative Agreement between Offshore Pollock Catchers' Cooperative 
and Pollock Conservation Cooperative'' to facilitate efficient harvest 
management and accurate harvest accounting between the participants in 
the catcher/processor sector. These two cooperatives jointly submit an 
annual cooperative report to the Council (see Cooperative Reports, NMFS 
Alaska Region Web site, http://alaskafisheries.noaa.gov/sustainablefisheries/afa/afa_sf.htm). The catcher/processor sector also 
formed one entity to represent the catcher/processor sector for the 
purposes of receiving and managing their transferable Chinook salmon 
prohibited species catch (PSC) allocation under a program to minimize 
Chinook salmon bycatch in the pollock fishery (see the final rule 
implementing Amendment 91 to the FMP, 75 FR 53026, August 30, 2010). 
This entity will be responsible for submitting the payment of the AFA 
catcher/processor fee under this rule.
    All participants that harvest pollock allocated to the catcher/
processor sector are members of the two cooperatives, except for one 
participant. Section 208(e)(21) of the AFA expressly limits the amount 
of harvest by the one participant in the catcher/processor sector who 
is not a member of a cooperative to 0.5 percent of the TAC apportioned 
to the catcher/processor sector, thereby providing an exclusive harvest 
privilege to all catcher/processor cooperative members. The participant 
that is not a member of a cooperative will not be subject to a cost 
recovery fee for its harvest of Bering Sea pollock under this rule 
because that vessel is not given an explicit allocation of pollock and 
is already subject to cost recovery fees under the Amendment 80 
Program. Section 1.5.3 of the Analysis provides additional detail on 
allocations to the AFA catcher/processor sector.
    The owners of all 19 catcher vessels eligible to deliver to a 
mothership in the Bering Sea pollock fishery have joined a single 
cooperative under section 208(c) of the AFA to coordinate harvests, the 
AFA Mothership Fleet Cooperative. This cooperative harvests the 
exclusive pollock allocation mandated for the mothership sector under 
section 206(b) of the AFA. The AFA Mothership Fleet Cooperative will be 
responsible for the payment of the AFA mothership cooperative fee.
    NMFS recognizes that each AFA sector has slightly different 
management costs. This final rule establishes that NMFS will calculate 
fee percentage and fee liability separately for the catcher/processor 
sector, mothership sector, and inshore sector. NMFS estimates that 
annual fee liabilities for each sector will range from 0.23 percent to 
0.72 percent of the ex-vessel value of Bering Sea pollock.

     Table 1--Summary of the AFA Cost Recovery Fee Program Elements
------------------------------------------------------------------------
 
------------------------------------------------------------------------
What species are subject to a cost  Bering Sea pollock.
 recovery fee?
How is the standard price           NMFS will calculate a standard price
 determined?                         based on data from the Commercial
                                     Operators Annual Report (COAR) from
                                     the previous calendar year.

[[Page 153]]

 
Are there any additional reporting  No.
 requirements for AFA cooperatives
 to determine the standard price?
How will NMFS determine the         NMFS will add total reported
 Standard Ex-vessel Value?           landings of Bering Sea pollock from
                                     January 1 through November 30, and
                                     estimate total landings in each
                                     year (beginning in 2016) from
                                     December 1 through December 31, if
                                     any, for each AFA cooperative or
                                     sector and multiply that amount by
                                     the standard price determined by
                                     COAR data to calculate a standard
                                     ex-vessel value for each AFA
                                     cooperative or sector.
Who is responsible for submission   AFA Catcher/Processor Sector (1):
 of the fee payment and (how many    The designated entity
 cooperatives are estimated to       representative for the catcher/
 receive a fee liability notice)?    processor sector under Sec.
                                     679.21(f)(8)(i)(C).
                                    AFA Mothership Sector (1): The
                                     designated representative for the
                                     AFA Mothership Fleet Cooperative.
                                    AFA Inshore Sector (7): The
                                     designated representative on each
                                     AFA Inshore Catcher Vessel
                                     Cooperative Permit application.
When are the standard prices        The standard prices are published in
 published in the Federal Register   the Federal Register by December 1
 and when are the fee liability      of each calendar year, and the fee
 notices sent?                       liability notices will be sent to
                                     each designated representative by
                                     December 1 of each year (beginning
                                     December 1, 2016).
When are fee payments due and how   Fee payments are due by December 31
 are they submitted?                 of each year (beginning December
                                     31, 2016), and must be submitted
                                     online. Submittal forms are
                                     available online at: http://www.alaskafisheries.noaa.gov.
------------------------------------------------------------------------

Aleutian Islands Pollock Cost Recovery Fee Program

    This cost recovery fee program will apply to participants in the 
Aleutian Islands pollock fishery. The Aleutian Islands Pollock Program 
allocates the Aleutian Islands directed pollock fishery TAC to the 
Aleut Corporation, consistent with the Consolidated Appropriations Act 
of 2004 (Pub. L. 108-109), and its implementing regulations. Annually, 
prior to the start of the pollock season, the Aleut Corporation 
provides NMFS with the identity of their designated representative. 
This person will be responsible for the submission of all cost recovery 
fees. The Aleutian Islands pollock fishing regulations are at Sec.  
679.20(a)(5)(iii).
    Prior to 2015, Aleutian Islands pollock was not harvested due to 
restrictions imposed by Steller sea lion protection measures. 
Therefore, prior to 2015, NMFS reallocated the Aleutian Islands pollock 
allocation to the AFA Program in the Bering Sea. Changes in Steller sea 
lion protection measures effective in 2015 allow for a directed pollock 
fishery to occur in the Aleutian Islands (79 FR 70286, November 25, 
2014). However, NMFS does not know whether participants will be able to 
successfully harvest the Aleutian Islands pollock because there has not 
been an Aleutian Islands pollock fishery since 1999. NMFS will 
reallocate any Aleutian Islands pollock not harvested in the Aleutian 
Islands to the AFA Program in the Bering Sea. Any pollock that NMFS 
reallocates from the Aleutian Islands Pollock Program to the AFA 
Program will be subject to cost recovery fees under the provisions of 
the AFA Program.
    NMFS estimates that the cost recovery fee percentage applicable to 
Aleutian Islands pollock will be the same percentage applicable to 
Bering Sea pollock harvested by the AFA Program (Section 1.8.6.5 of the 
Analysis). Based on the information in the Analysis, NMFS assumes that 
the Aleutian Islands Pollock and the AFA Programs have similar 
management costs and ex-vessel values. NMFS will assess and determine a 
fee percentage specifically for Aleutian Islands pollock if management 
requirements differ between the Aleutian Islands Pollock Program and 
the AFA Program. Estimates of recoverable costs will be determined once 
additional information on the management costs for the Aleutian Islands 
pollock fishery is available.

   Table 2--Summary of the Aleutian Islands Pollock Cost Recovery Fee
                            Program Elements
------------------------------------------------------------------------
 
------------------------------------------------------------------------
What species are subject to a cost  Aleutian Islands pollock.
 recovery fee?
How is the standard price           NMFS will calculate a standard price
 determined?                         based on data from the COAR from
                                     the previous calendar year. The
                                     standard price will be applied to
                                     all landings during a calendar
                                     year.
Are there any additional reporting  No.
 requirements for the Aleut
 Corporation to determine the
 standard price?
How will NMFS determine the         NMFS will add total reported
 Standard Ex-vessel Value?           landings of Aleutian Islands
                                     pollock from January 1 through
                                     November 30, and estimate total
                                     landings in each year (beginning in
                                     2016) from December 1 through
                                     December 31, if any, and multiply
                                     that amount by the standard price
                                     determined by COAR data to
                                     calculate a standard ex-vessel
                                     value for the Aleut Corporation.
Who is responsible for fee payment  Aleut Corporation (1).
 and (how many cooperatives are
 estimated to receive a fee
 liability notice)?
When are the standard prices        The standard prices are published in
 published in the Federal Register   the Federal Register by December 1
 and when are fee liability          of each calendar year, and the fee
 notices sent?                       liability notices will be sent to
                                     each designated representative by
                                     December 1 of each year (beginning
                                     December 1, 2016).
When are fee payments due and how   Fee payments are due by December 31
 are they submitted?                 of each year (beginning December
                                     31, 2016), and must be submitted
                                     online. Submittal forms are
                                     available online at: http://www.alaskafisheries.noaa.gov.
------------------------------------------------------------------------


[[Page 154]]

Amendment 80 Cost Recovery Fee Program

    This cost recovery fee program will apply to participants in the 
Amendment 80 fisheries. The Amendment 80 Program allocates groundfish 
fisheries TAC, other than Bering Sea pollock, to identified trawl 
catcher/processors in the BSAI. The Amendment 80 Program allocates a 
portion of the BSAI TACs of six species: Atka mackerel, Pacific cod, 
flathead sole, rock sole, yellowfin sole, and Aleutian Islands Pacific 
ocean perch. Amendment 80 vessel owners can harvest these species in 
cooperatives that receive an exclusive harvest privilege, or in an 
``open access'' fishery that will not be subject to a cost recovery fee 
requirement.
    All 27 vessels currently participating in the Amendment 80 Program 
and their vessel owners are members of cooperatives and are subject to 
a cost recovery fee. Each Amendment 80 cooperative is responsible for 
payment of any cost recovery fee, and each Amendment 80 cooperative 
will designate a person responsible for submitting its fee and provide 
NMFS with the identity of that person. NMFS estimates that annual fee 
liabilities for Amendment 80 cooperatives will range from 1.22 to 1.77 
percent of the ex-vessel value of allocated species (Section 1.8.4.6 of 
the Analysis).

 Table 3--Summary of the Amendment 80 Cost Recovery Fee Program Elements
------------------------------------------------------------------------
 
------------------------------------------------------------------------
What species are subject to a cost  Amendment 80 species: BSAI Atka
 recovery fee?                       mackerel, BSAI flathead sole, BSAI
                                     Pacific cod, Aleutian Islands
                                     Pacific ocean perch, BSAI rock
                                     sole, and BSAI yellowfin sole.
How is the standard price           NMFS will calculate a standard price
 determined?                         for BSAI Pacific cod based on data
                                     from the Pacific Cod Ex-vessel
                                     Volume and Value Report. The
                                     standard price will be applied to
                                     all landings during a calendar
                                     year.
                                    NMFS will calculate a standard price
                                     for all other species other than
                                     Pacific cod from the First
                                     Wholesale Volume and Value Report.
                                     The standard price will be applied
                                     to all landings during a calendar
                                     year, except for BSAI rock sole.
                                     For BSAI rock sole, NMFS will
                                     calculate one standard price for
                                     landings made from January 1
                                     through March 31, and a separate
                                     standard price for landings made
                                     from April 1 through December 31 of
                                     each year.
Are there any additional reporting  Yes. Each Amendment 80 vessel owner
 requirements to determine the       that lands Amendment 80 species
 standard price?                     during a calendar year is required
                                     to submit a First Wholesale Volume
                                     and Value Report.
How will NMFS determine the         NMFS will add total reported
 Standard Ex-vessel Value?           landings of Amendment 80 species
                                     from January 1 through November 30,
                                     and estimate total landings in each
                                     year (beginning in 2016) from
                                     December 1 through December 31, if
                                     any, and multiply that amount by
                                     the standard price determined by
                                     the applicable volume and value
                                     report to calculate a standard ex-
                                     vessel value for each Amendment 80
                                     cooperative.
Who is responsible for fee payment  Each Amendment 80 cooperative's
 and (how many cooperatives are      designated representative listed on
 estimated to receive a fee          the Cooperative Quota (CQ)
 liability notice)?                  application (2).
When are the standard prices        The standard prices are published in
 published in the Federal            the Federal Register by December 1
 Register, and when are fee          of each calendar year, and the fee
 liability notices sent?             liability notices will be sent to
                                     each designated representative by
                                     December 1 of each year (beginning
                                     December 1, 2016).
When are fee payments due and how   Fee payments are due by December 31
 are they submitted?                 of each year (beginning December 31
                                     2016), and must be submitted
                                     online. Submittal forms are
                                     available online at: http://www.alaskafisheries.noaa.gov.
------------------------------------------------------------------------

CDQ Cost Recovery Fee Program

    This cost recovery fee program will apply to CDQ groups. The CDQ 
Program was implemented in 1992 to provide access to BSAI fishery 
resources to villages located in Western Alaska. Since the 
implementation of the CDQ Program, Congress has amended the Magnuson-
Stevens Act to define specific provisions of the CDQ Program. Section 
305(i) of the Magnuson-Stevens Act identifies 65 villages eligible to 
participate in the CDQ Program and the six CDQ groups to represent 
these villages. CDQ groups receive exclusive harvesting privileges of 
the TACs for a broad range of crab species, groundfish species, and 
halibut. This final rule establishes a cost recovery fee program only 
for groundfish and halibut because CDQ crab cost recovery fees are 
already collected under existing regulations. Each CDQ group will be 
subject to cost recovery fee requirements, and the designated 
representative of each CDQ group will be responsible for submitting 
payment for its CDQ group. This is consistent with the method NMFS uses 
to collect fees for the crab CDQ cost recovery program. NMFS estimates 
that annual fee liabilities for a CDQ group will range from 0.73 to 
1.33 percent of the harvested ex-vessel value of CDQ groundfish and 
halibut.

     Table 4--Summary of the CDQ Cost Recovery Fee Program Elements
------------------------------------------------------------------------
 
------------------------------------------------------------------------
What species are subject to a cost  BSAI halibut and groundfish species
 recovery fee?                       allocated to the CDQ Program: BSAI
                                     Arrowtooth Flounder, BSAI Atka
                                     mackerel, BSAI flathead sole,
                                     Bering Sea Greenland turbot, BSAI
                                     Pacific cod, Aleutian Islands
                                     Pacific ocean perch, BSAI pollock,
                                     BSAI rock sole, BSAI sablefish, and
                                     BSAI yellowfin sole.
How is the standard price           NMFS will calculate a standard price
 determined?                         for BSAI Pacific cod based on data
                                     from the Pacific Cod Ex-vessel
                                     Volume and Value Report. The
                                     standard price will be applied to
                                     all landings during a calendar
                                     year.
                                    NMFS will calculate a standard price
                                     for all other species other than
                                     BSAI pollock, BSAI Pacific cod,
                                     BSAI sablefish, and BSAI halibut
                                     from the First Wholesale Volume and
                                     Value Report. The standard price
                                     will be applied to all landings
                                     during a calendar year, except for
                                     BSAI rock sole. For BSAI rock sole,
                                     NMFS will calculate one standard
                                     price for landings made from
                                     January 1 through March 31, and a
                                     separate standard price for
                                     landings made from April 1 through
                                     December 31 of each year.
                                    NMFS will calculate a standard price
                                     for BSAI pollock based on data from
                                     the COAR from the previous calendar
                                     year. The standard price will be
                                     applied to all landings during a
                                     calendar year.
                                    NMFS will calculate a standard price
                                     for BSAI sablefish and BSAI halibut
                                     from the IFQ Buyer Report. The
                                     standard price will be applied to
                                     all landings during a calendar
                                     year.

[[Page 155]]

 
Are there any additional reporting  No.
 requirements from CDQ groups to
 determine the standard price?
How will NMFS determine the         NMFS will add total reported
 Standard Ex-vessel Value?           landings of species subject to a
                                     CDQ cost recovery fee from January
                                     1 through November 30, and estimate
                                     total landings in each year
                                     (beginning in 2016) from December 1
                                     through December 31, if any, and
                                     multiply that amount by the
                                     standard price determined by the
                                     volume and value report, COAR
                                     Report, or IFQ Buyer Report
                                     applicable to that species to
                                     calculate a standard ex-vessel
                                     value for each CDQ group.
Who is responsible for fee payment  Each CDQ group's designated
 and (how many cooperatives are      representative (6).
 estimated to receive a fee
 liability notice)?
When are the standard prices        The standard prices are published in
 published in the Federal Register   the Federal Register by December 1
 and when are the fee liability      of each calendar year, and the fee
 notices sent?                       liability notices will be sent to
                                     each designated representative by
                                     December 1 of each year (beginning
                                     December 1, 2016).
When are fee payments due and how   Fee payments are due by December 31
 are they submitted?                 of each year (beginning December
                                     31, 2016), and must be submitted
                                     online. Submittal forms are
                                     available online at: http://www.alaskafisheries.noaa.gov.
------------------------------------------------------------------------

Response to Comments

    NMFS published a proposed rule that describes in detail the 
statutory authority to implement cost recovery fee programs, the 
Programs affected by the implementation of a cost recovery fee program, 
and how NMFS will implement the new cost recovery fee programs, in the 
Federal Register on January 7, 2015 (80 FR 936). The 30-day comment 
period on the proposed rule ended February 6, 2015. NMFS received a 
total of three comment letters from three unique persons representing 
participants in programs that are subject to cost recovery under this 
final rule. The comment letters contained 24 substantive comments. A 
summary of the comments received and NMFS' responses follow.

Comments on NMFS' Costs Subject to Recovery

    Comment 1: NMFS received several comments regarding the process for 
calculating costs subject to cost recovery. The issues raised in the 
comments include the following:
     Base fee liabilities on the incremental costs associated 
with management and enforcement of the specific LAP or CDQ Program.
     Do not assess costs attributed to the general management 
of the fisheries that cannot be directly attributed to the specific LAP 
or CDQ Program.
     Appropriately apportion costs among LAP and CDQ programs 
to ensure that costs applicable to one program are not attributed to 
another program.
     Do not include costs associated with deploying and 
debriefing observers in the cost recovery fee calculations since 
observer deployment and debriefing would have been implemented without 
the implementation of the LAP or CDQ programs.
     Provide detailed cost breakouts for each LAP and CDQ 
Program.
    Response: Section 304(d)(2)(A) of the Magnuson-Stevens Act states 
that the Secretary is authorized and shall collect a fee to recover the 
actual costs directly related to the management, data collection, and 
enforcement of any limited access privilege program and community 
development quota program that allocates a percentage of the total 
allowable catch of a fishery to such program.
    As stated in the preamble to the proposed rule, NMFS intends to 
employ the same accounting methods for the cost recovery fee programs 
established by this rule as NMFS has consistently used in cost recovery 
fee programs in the Alaska Region (Halibut and Sablefish Individual 
Fishing Quota (IFQ) Program, Crab Rationalization Program, and the 
Central Gulf of Alaska Rockfish Program). This methodology to assess 
cost recovery fees is consistent with the Magnuson-Stevens Act and 
current NOAA policy (NOAA Technical Memorandum NMFS-F/SPO-86, November 
2007). The costs described in Section 1.8.3 of the Analysis and the 
preamble to the proposed rule provide the best available description of 
the costs subject to cost recovery for each LAP program and the CDQ 
Program. As explained in in Section 1.8.3 of the Analysis, NMFS will 
only assess costs that can be directly attributed to the specific LAP 
or CDQ Program.
    NMFS agrees that costs should be accurately attributed to each CDQ 
and LAP program. As noted in the preamble to the proposed rule, NMFS 
will capture the incremental costs of managing the fisheries of each 
CDQ or LAP program through an established accounting system that allows 
NMFS to track labor, travel, and procurement specific to that program. 
This process is described in Section 1.8.3 of the Analysis. This 
accounting system will allow NMFS to properly apportion costs among the 
CDQ and LAP programs.
    NMFS agrees that certain categories of observer costs should not be 
included in the fee calculation. For example, many catcher/processors 
operating in the directed pollock and non-pollock fisheries in the BSAI 
were required to carry an observer prior to the implementation of the 
AFA or the Amendment 80 Programs. Costs associated with the debriefing 
and training of one observer will not be assessed or included in the 
fee calculation. However, NMFS required additional observer coverage 
for implementation of the AFA and the Amendment 80 Programs (Section 
1.8 of the Analysis). These LAP programs required the deployment of two 
observers on board each AFA catcher/processor or Amendment 80 vessel. 
NMFS will assess fees for costs necessary to debrief and train the 
second observer because those costs are incurred as a direct result of 
the implementation of those LAP programs.
    NMFS agrees that information on the costs used to determine the fee 
should be disclosed annually. NMFS will make publically available an 
annual report that provides information on how the cost recovery fee 
was estimated for that year. This report will be structured like the 
cost recovery fee reports that are currently generated for the Halibut 
and Sablefish IFQ Program and Crab Rationalization Program. An example 
of the Halibut and Sablefish Cost Recovery Fee report for 2013 is 
available at https://alaskafisheries.noaa.gov/ram/fees/feerpt2013.pdf.
    Comment 2: The cost recovery regulations should be revised to more

[[Page 156]]

clearly incorporate the Magnuson-Stevens Act's limitations on costs 
that may be recovered. To focus on truly recoverable costs, revise the 
regulations to incorporate the definition of ``direct program costs'' 
provided under the cost recovery rule established for certain Pacific 
Coast groundfish fisheries (78 FR 75269, December 11, 2013).
    Response: This final rule already incorporates the section 
304(d)(2)(B) Magnuson-Stevens Act limitation on the costs that may be 
recovered and clearly states that the fee percentage amount must not 
exceed 3 percent of the ex-vessel value of the species harvested under 
the Program. In this final rule at Sec.  679.2, the definition of the 
fee percentage for each program limits the fee percentage to no greater 
than 3 percent. Additionally, the cost recovery regulations specific to 
each program state that the fee amounts must not exceed 3 percent, see 
this final rule at Sec. Sec.  679.33(c)(1), 679.66(c)(1), 679.67(c)(1), 
and 679.95(c)(1).
    NMFS' recoverable costs are limited by the Magnuson-Stevens Act. 
Section 304(d) of the Magnuson-Stevens Act states that the recoverable 
costs must be the actual costs directly related to the management, data 
collection, and enforcement of the CDQ or LAP programs. NMFS will use 
the accounting methods that have been developed for all other cost 
recovery programs in the North Pacific to determine the ``direct 
program costs'' that are recoverable, as described in the preamble to 
the proposed rule. NMFS made no changes to this final rule at 
Sec. Sec.  679.33(c)(2)(ii), 679.66(c)(2)(ii), 679.67(c)(2)(ii), or 
679.95(c)(2)(ii) because the direct program cost language is consistent 
with the Magnuson-Stevens Act, regulations implementing the other North 
Pacific cost recovery fee programs, and NOAA policy.
    Comment 3: Explain the cause of the rapid increase in the Gulf of 
Alaska Rockfish Program cost recovery fee to 3 percent of its ex-vessel 
value. Ensure that a similar rapid and unanticipated increase in the 
fee percentage will not happen to the cost recovery fees for these CDQ 
and LAP programs.
    Response: The preamble to the final rule that implemented the Gulf 
of Alaska Rockfish Program (Amendment 88 to the Fishery Management Plan 
for Groundfish of the Gulf of Alaska) stated that, given the relatively 
small value of the Rockfish Program relative to anticipated 
administrative costs, cost would likely exceed 3 percent of the ex-
vessel value of the Rockfish Program, therefore, it would be likely 
that the costs recovery fee for the Rockfish Program would be 3 
percent, the statutory limit established by the Magnuson-Stevens Act 
(76 FR 81263, December 27, 2011). Cost recovery fee percentages in the 
Rockfish Program have ranged from 1.4 percent in 2012 (the year the 
Rockfish Program cost recovery fee was implemented), to 3 percent in 
2015 (the most recent year for which a cost recovery fee was assessed). 
NMFS attributes the increase in the fee percentage in 2015 primarily to 
a decrease in the ex-vessel value of rockfish, and to a lesser extent, 
an increase in NMFS' management and enforcement costs (80 FR 6053, 
February 4, 2015).
    As stated in Section 1.8.4.6 (Amendment 80), Section 1.8.6.5 (AFA/
Aleutian Islands pollock), and Section 1.8.5.5 (CDQ) of the Analysis, 
NMFS does not anticipate that the factors that led to the increase in 
the Rockfish Program cost recovery fee percentage are likely to exist 
in the CDQ and LAP programs subject to cost recovery under this rule. 
The referenced sections of the Analysis show that the CDQ and LAP 
Program fisheries have substantially higher ex-vessel values than the 
ex-vessel value of the Rockfish Program fishery. The Rockfish Program 
fishery ex-vessel value fell from about $14.3 million in 2012 to about 
$6.3 million in 2014. Section 1.8.4.6 (Amendment 80), Section 1.8.6.5 
(AFA/Aleutian Islands pollock), and Section 1.8.5.5 (CDQ) of the 
Analysis state that NMFS does not expect future ex-vessel values or 
anticipated costs subject to cost recovery to change in a way that 
would result in a 3 percent cost recovery fee for these Programs.
    Section 1.8.1 of the Analysis states that the Crab Rationalization 
Program has not experienced an increase in its fee percentage, but the 
Halibut and Sablefish IFQ Program has had an increase in its fee 
percentage over time. In the Crab Rationalization Program, the fee 
percentage declined over time due to a variety of factors, including 
(1) increasing TACs for various crab species, (2) increasing ex-vessel 
prices for various crab species, and (3) decreasing management costs. 
In the Halibut and Sablefish IFQ Program, the fee percentage has 
increased due to costs remaining fairly constant and ex-vessel value 
decreasing due to reduced harvests that have not been off-set by 
increases in ex-vessel prices.

Comments on the CDQ Cost Recovery Fee Program

    Comment 4: NMFS' definition of a ``person'' as each CDQ group that 
is issued an annual CDQ allocation is consistent with the way that each 
CDQ group manages its allocations individually for all other purposes.
    Response: NMFS agrees. Regulations at Sec.  679.2 define a CDQ 
group as ``an entity identified as eligible for the CDQ Program under 
16 U.S.C. 1855(i)(1)(D).'' The six eligible CDQ groups are listed in 
Table 7 to 50 CFR part 679. Each CDQ group is responsible for a fee 
payment, and each CDQ group must designate a representative who is 
responsible for submitting a fee payment for that CDQ group (see 
regulations at Sec.  679.33(a)).

Comments on the AFA Cost Recovery Fee Program

    Comment 5: The Bering Sea pollock directed fishing allowance does 
not meet the Magnuson-Stevens Act's definition of individual fishing 
quota because it is not a permit. The directed fishing allowance does 
not allow any person ``to harvest a quantity of fish'' for that 
person's ``exclusive use.'' The directed fishing allowance is the 
amount of fish available to be harvested with a permit and therefore is 
a management restriction on a group of vessels rather than a permit. 
That is exactly how NMFS' regulation at Sec.  679.20(a) describes the 
pollock directed fishing allowance.
    Response: Section 3 of the Magnuson-Stevens Act defines an 
individual fishing quota as ``a Federal permit under a limited access 
system to harvest a quantity of fish, expressed by a unit or units 
representing a percentage of the total allowable catch of a fishery 
that may be received or held for exclusive use by a person.'' According 
to Sec.  679.2, a permit means documentation granting permission to 
fish.
    The harvest specifications, with the AFA directed fishing allowance 
entitling the catcher/processor sector to harvest a quantity of fish 
for its exclusive use, is the individual fishing quota and 
documentation granting permission to fish. NMFS publishes harvest 
specifications each year in the Federal Register that allocate a 
specific percentage of the pollock TAC to the AFA sectors, called the 
directed fishing allowance, for exclusive use by eligible AFA permit 
holders (see the most recent example at Table 4, 80 FR 11919, March 5, 
2015; corrected 80 FR 13787, March 17, 2015). The harvest 
specifications with the directed fishing allowance is a permit that 
authorizes the AFA sectors to harvest a portion of the pollock TAC each 
year.
    Federal regulations at Sec.  679.20(a)(5)(i)(A)(4) specify that the 
catcher/processor sector allocation is 40 percent of the directed 
fishing allowance that is allocated to AFA catcher/processors and AFA 
catcher

[[Page 157]]

vessels that deliver to catcher/processors. The AFA catcher/processor 
sector has exclusive use of its directed fishing allowance because the 
catcher/processors that are eligible to participate are specified in 
the AFA, FMP, and associated regulations. The exclusive quantity of 
fish allocated to the AFA catcher processor sector is then harvested by 
those specified in the FMP and regulations according to contractual 
arrangement among the members of that sector.
    Comment 6: The Cooperative Agreement between Offshore Pollock 
Catchers' Cooperative and Pollock Conservation Cooperative (Cooperative 
Agreement) does not constitute a ``person.''
    Response: Based on this public comment, NMFS realizes that the 
proposed rule was not sufficiently specific in explaining who the 
person is that receives the individual fishing quota and is therefore 
responsible for the cost recovery fee for the AFA catcher/processor 
sector.
    Regulations at Sec.  679.2 define a person as ``any individual 
(whether or not a citizen or national of the United States), any 
corporation, partnership, association, or other non-individual entity 
(whether or not organized, or existing under the laws of any state), 
and any Federal, state, local, or foreign government or any entity of 
any such aforementioned governments.'' A similar definition of a 
``person'' is in section 3 of the Magnuson-Stevens Act.
    As explained in response to Comment 5, the directed fishing 
allowance is an individual fishing quota. NMFS allocates the directed 
fishing allowance to the AFA catcher/processor sector. NMFS considers 
the AFA catcher/processor sector an entity and therefore a person under 
the Magnuson-Stevens Act. The AFA catcher/processor sector also (1) 
shares common ownership of vessels, (2) enters into contracts that 
allow the catcher/processors to harvest the catcher vessel allocation, 
(3) participates in incentive plan agreements to avoid Chinook salmon, 
and (4) submits one salmon avoidance report and one annual cooperative 
report for the AFA catcher/processor sector each year. The contracts 
establishing these relationships among members describe and provide for 
allocations of pollock and salmon to specific vessel owners and 
operators. Section 1.6.3.3 of the Analysis describes the harvest of 
catch in the AFA catcher/processor sector in greater detail, and the 
ability of the AFA catcher/processor sector members to precisely 
harvest the sector's exclusive pollock allocation.
    Under Amendment 91 to the FMP, members of the AFA catcher/processor 
sector also formed one entity to represent the AFA catcher/processor 
sector for the purposes of receiving and managing their transferable 
Chinook salmon PSC allocation under the regulations at Sec.  
679.21(f)(8)(i)(C). The members of the AFA catcher/processor sector 
created a contract that, among other things, lists the vessel owners 
represented by the entity, and submitted an application to NMFS under 
Sec.  679.21(f)(8)(ii). NMFS has approved the application for the 
entity representing the AFA catcher/processor sector. The contract also 
designates an entity representative and an agent for service of 
process. Currently, all eligible members of the AFA catcher/processor 
sector are represented by the entity. Entity participants cannot change 
during a fishing year. To make additions or deletions to the vessel 
owners represented by the entity for the next year, the entity 
representative must submit a complete application, as described in 
Sec.  679.21(f)(8)(ii)(F), by December 1.
    NMFS has modified this final rule to clarify that the entity 
representative under Sec.  679.21(f)(8) will be the designated 
representative responsible for submitting the cost recovery fee payment 
for the AFA catcher/processor sector. See Changes from the Proposed 
Rule, below, for a complete description of the changes NMFS made to 
this final rule in response to comments on the AFA catcher/process 
sector.
    Comment 7: The pollock directed fishing allowance is allocated to 
AFA catcher/processor vessels rather than to the Cooperative Agreement. 
Even if the pollock directed fishing allowance qualifies as a 
``permit'' and the catcher/processor sector's Cooperative Agreement 
constitutes a ``person,'' the asserted permit is not held by the 
alleged person.
    Response: Each year, NMFS allocates the pollock directed fishing 
allowance to the AFA catcher/processor sector under Federal regulations 
Sec.  679.20(a)(5)(i)(A)(4), as required by section 206(b)(2) of the 
AFA. Each year, NMFS also allocates Chinook salmon PSC to the AFA 
catcher/processor sector under Amendment 91 to the FMP and Sec.  
679.21(f). Once the catcher/processor sector receives the sector's 
pollock directed fishing allowance for exclusive harvest and the 
sector's Chinook salmon PSC allocation, the AFA catcher/processor 
sector members divide these allocations among themselves.
    As explained in the response to Comment 5, the annual harvest 
specifications with the directed fishing allowance is an IFQ to the AFA 
catcher/processor sector. As explained in the response to Comment 6, 
the ``person'' who receives the exclusive harvest privilege for the 
purposes of cost recovery is the catcher/processor sector that is 
eligible to harvest pollock from that sector's directed fishing 
allowance defined in section 206(b)(2) of the AFA.
    Comment 8: The Bering Sea pollock directed fishing allowance 
provided to the AFA sectors was not created under a limited access 
system and could not have been created under such a system because it 
went into effect during the moratorium on individual fishing quotas.
    Response: In 2007, Congress adopted the Magnuson-Stevens Fishery 
Conservation and Management Reauthorization Act (MSRA, Pub. L. 109-479) 
to amend the Magnuson-Stevens Act. In the MSRA, Congress amended the 
Magnuson-Stevens Act to include language applicable to limited access 
systems and limited access programs.
    In section 3(27) of the Magnuson-Stevens Act, Congress defined 
``limited access system'' as ``a system that limits participation in a 
fishery to those satisfying certain eligibility criteria or 
requirements contained in a fishery management plan or associated 
regulation.'' Although the AFA was adopted and implemented through the 
FMP before 2007, the AFA Program meets this definition of a limited 
access system. The AFA Program is a system that limits participation in 
the Bering Sea pollock fishery to those satisfying certain eligibility 
criteria or requirements contained in a fishery management plan or 
associated regulations. The AFA specified sector allocations and 
eligibility criteria for vessels to harvest pollock in each of the 
specified sectors (section 206 and section 208 of the AFA, 16 U.S.C. 
1851 statutory note). The eligibility criteria and requirements in the 
AFA were incorporated into the FMP, the Fishery Management Plan for 
Groundfish of the Gulf of Alaska, the Fishery Management Plan for 
Bering Sea and Aleutian Islands King and Tanner Crab, and the Fishery 
Management Plan for the Scallop Fishery Off Alaska (Amendments 61/61/
13/8, respectively). NMFS manages the AFA Program through the FMPs and 
their implementing regulations (67 FR 79692, December 30, 2002).
    NMFS is implementing the cost recovery program for the AFA under 
authority of section 304(d) of the Magnuson-Stevens Act. Section 
304(d)(2)(A) of the Magnuson-Stevens Act, which was adopted as part of 
the MSRA, authorizes and requires the

[[Page 158]]

Secretary to collect a cost recovery fee for limited access privilege 
programs. In section 3(26) of Magnuson-Stevens Act, Congress defined 
the term ``limited access privilege'' and specifically included 
``individual fishing quota.''
    The AFA Program is a limited access privilege program because (1) 
NMFS issues a permit as part of a limited access system established by 
the AFA Program, (2) this permit allows the harvest of a quantity of 
pollock representing a portion of the TAC managed under the AFA 
Program, and (3) this permit is issued for exclusive use by a person, 
the AFA catcher/processor sector. Therefore, NMFS is implementing cost 
recovery fees for the AFA catcher/processor sector as authorized and 
required in section 304(d)(2) of the Magnuson-Stevens Act.
    Further, the AFA does not prohibit the Secretary from imposing cost 
recovery requirements on participants in the AFA catcher/processor 
sector. Section 213(b) of the AFA states that, except for the measures 
required by this subtitle [subtitle II, Bering Sea Pollock Fishery], 
nothing in the subtitle shall be construed to limit the authority of 
the Council or the Secretary under the Magnuson-Stevens Act to approve 
conservation and management measures as part of a fishery management 
plan and to give effect to measures in those plans. Therefore, NMFS may 
implement the requirements of section 304(d) of the Magnuson-Stevens 
Act and establish a cost recovery program for participants in the AFA 
Program, including the AFA catcher/processor sector.
    As for the moratorium on IFQ programs, section 303(d)(1)(A) of the 
1996 Magnuson-Stevens Act (Section 108(e) of the Sustainable Fisheries 
Act, Pub. L. 104-297) prohibited the Council from submitting and the 
Secretary from approving or implementing before October 1, 2000, any 
plan amendment or regulations that created a new individual fishing 
quota program. On December 21, 2000, Congress extended the moratorium 
until October 1, 2002, in the Consolidated Appropriations Act of 2001 
(Section 144(a), Pub. L. 106-554). The moratorium ended on October 1, 
2002, and was not extended again by Congress.
    During the moratorium on IFQ Programs, on October 21, 1998, 
Congress adopted the AFA and explicitly directed the Council and NMFS 
to implement, by January 1, 1999, the provisions of the AFA allocating 
a portion of the TAC of BSAI pollock to the catcher/processor sector 
(Section 206 of the AFA, Pub. L. 105-277, 16 USCA 1851 note). In the 
Consolidated Appropriations Act of 2001, the same Act where Congress 
extended the moratorium on IFQ programs, Congress also mandated that 
all BSAI groundfish management measures, which included the AFA 
management measures, in effect as of July 15, 2000, be extended through 
the end of 2001 (Section 209(c)(3), Pub. L. 106-554). On November 28, 
2001, Congress made key provisions of the AFA permanent, including the 
pollock allocation to the catcher/processor sector, in section 211 of 
the Department of Commerce and Related Agencies Appropriation Act of 
2002 (Pub. L. 107-77).
    While the permanent AFA management program was under analysis and 
development, NMFS met the statutory deadlines in the AFA on an interim 
basis through several emergency interim rules starting in January 1999 
(64 FR 3435, January 22, 1999) that were extended through the end of 
2002 (67 FR 34860, May 16, 2002). The Secretary approved the FMP 
amendments implementing the AFA on February 27, 2002, and NMFS 
published final implementing regulations for the AFA on December 30, 
2002, after the moratorium ended (67 FR 79692). The Administrator, 
Alaska Region, NMFS, determined that the FMP amendments were necessary 
for the conservation and management of the groundfish, crab, and 
scallop fisheries off Alaska and that they are consistent with the 
Magnuson-Stevens Act and other applicable laws (67 FR 79692, December 
30, 2002).
    By adopting the AFA in 1998, by mandating its implementation in 
1999, and by making it permanent in 2001, Congress in effect adopted an 
exception to the moratorium on IFQ programs for the AFA. Further, NMFS 
did not adopt permanent regulations implementing the AFA until after 
the IFQ moratorium ended.
    Comment 9: Imposing cost recovery on vessel owners in the AFA 
catcher/processor sector who voluntarily end ``a race for fish'' 
creates a disincentive to rationalize through private cooperation.
    Response: The AFA, not the vessel owners in the AFA catcher/
processor sector, ended the ``race for fish.'' As explained in response 
to Comment 8, the AFA, and the implementing FMP amendments and 
regulations, created a limited access privilege program. The AFA 
Program required a fixed allocation of pollock to specific vessels that 
are eligible to participate in the fishery. The AFA allocated 40 
percent of the annual pollock TAC to catcher/processors and catcher 
vessels that harvest pollock for processing by catcher/processors and 
the AFA named the specific vessels that are eligible to harvest that 
allocation. Additionally, ending the race for fish resulted in 
substantial economic benefits to fishery participants (Section 1.5.3.1 
of the Analysis).
    Comment 10: If the Pacific whiting catcher/processor sector that 
currently operates off the west coast in the waters under the 
jurisdiction of the Pacific Fishery Management Council was not 
considered to be a LAP program prior to 2011, then why is the AFA 
catcher/processor sector considered a LAP program? NMFS should identify 
any material differences in management of the AFA catcher/processor 
sector today and the Pacific whiting catcher/processor sector prior to 
2011.
    Response: The primary material difference between the Pacific 
whiting fishery and the AFA catcher/processor sector is that the 
Pacific whiting fishery is not managed under the AFA. The AFA Program 
is a limited access privilege program because the AFA mandated 
allocations and specifically named eligible participants. The AFA and 
Federal regulations at Sec.  679.20(a)(5)(i)(A)(4) allocate 40 percent 
of the directed fishing allowance to the AFA catcher/processor sector 
and AFA catcher vessels delivering to the catcher/processors. The AFA 
catcher/processor sector has exclusive use of its directed fishing 
allowance because the catcher/processors that are eligible to 
participate are specified in section 208(e) of the AFA and Federal 
regulations at Sec.  679.4(l)(2), and the catcher vessels that are 
eligible to deliver to those catcher/processors are specified in 
section 208(b) of the AFA and Federal regulations at Sec.  
679.4(l)(3)(i)(A). The AFA catcher/processor sector manages its 
exclusive directed fishing allocation for the benefit of its members.
    For a description of the management of the Pacific whiting catcher/
processor sector that operates off the west coast in the waters under 
the jurisdiction of the Pacific Fishery Management Council, please see 
the proposed rule to establish a trawl rationalization program for the 
Pacific Coast groundfish fishery (75 FR 32994, June 10, 2010).
    Comment 11: NMFS defines the person responsible for paying the cost 
recovery fee applicable to the AFA catcher/processor sector in the 
proposed rule at Sec.  679.66(a)(1)(ii). This regulation should be 
revised to read ``the person designated as the representative of the 
Cooperative Agreement between Offshore Pollock Catchers' Cooperative 
and Pollock Conservation Cooperative.''
    Response: Based on this and similar comments from the same 
commenter, regarding the person responsible for paying the cost 
recovery fee, NMFS has

[[Page 159]]

modified this final rule to specify the AFA catcher/processor sector's 
designated representative responsible for paying the cost recovery fee. 
Under the Amendment 91 implementing regulations, the AFA catcher/
processor sector has already designated an entity for the management of 
the Chinook salmon PSC that represents all the participants in the 
sector. Use of the entity representative resolves the confusion over 
who the designated representative is for the AFA catcher/processor 
sector that is responsible for submitting the cost recovery fee 
payment. NMFS has modified this final rule at Sec.  679.66(a)(1)(ii) to 
clarify that the entity representative under Sec.  679.21(f)(8)(i)(C) 
will be the designated representative responsible for submitting the 
cost recovery fee payment. See response to Comment 6 for additional 
information.
    For the AFA catcher/processor sector, the proposed rule specified 
that the representative responsible for submitting the cost recovery 
payment for all Bering Sea pollock landings made under the authority of 
their cooperative is the person designated as the representative of the 
listed AFA catcher/processors and catcher vessels that deliver to them. 
However, the proposed rule did not include a mechanism for designating 
this representative to NMFS. Since public comments expressed concern 
with the appropriate representative for the AFA catcher/processor 
sector, NMFS modified this final rule to provide clarity. With this 
change, the AFA catcher/processor sector will use its existing entity 
and entity representative that the AFA catcher/processor sector has 
already designated with NMFS under the implementing regulations for 
Amendment 91 to submit the fee.
    Comment 12: In the proposed rule at Sec. Sec.  679.66(c)(2), 
679.66(c)(2)(iii)(B), 679.66(c)(3)(i), and 679.66(c)(5)(iii), the 
references to a cooperative of listed AFA catcher/processors and 
catcher vessels delivering to catcher/processors should be revised to 
read ``the Cooperative Agreement between Offshore Pollock Catchers' 
Cooperative and Pollock Conservation Cooperative'' or, where 
appropriate, to the representative of that agreement. References to 
``an AFA cooperative,'' ``an AFA cooperative representative,'' and 
``cooperative'' in the proposed rule at Sec.  679.66(c)(4) and (5)(i) 
should also include references to the Cooperative Agreement or, where 
appropriate, the agreement's representative.
    Response: This final rule at Sec.  679.66(c) governs the 
calculation of the AFA catcher/processor sector fee percentage and fee 
liability determination. In the proposed rule, NMFS had used 
cooperative as a general term applicable to the three AFA sectors. 
However, the use of the term cooperative for the AFA catcher/processor 
sector generated concern, as reflected in this public comment. Based on 
this and similar comments from the same commenter, NMFS has modified 
this final rule to specify that NMFS will calculate the AFA fee 
percentage for the AFA catcher/processor sector. NMFS changed 
Sec. Sec.  679.66(c)(2) introductory text, 679.66(c)(2)(iii)(B), 
679.66(c)(3)(i), 679.66(c)(4), and 679.66(c)(5)(i) and (iii) to add 
language specifying the entity representative for the AFA catcher/
processor sector and stating that these paragraphs are applicable to 
the AFA catcher/processor sector. See response to Comments 6 and 11 for 
additional information on the entity representative for the AFA 
catcher/processor sector.
    Comment 13: The definition of ``AFA fee liability'' at Sec.  679.2 
should be revised to mean ``the amount of money . . . owed to NMFS by 
an AFA cooperative or the Cooperative Agreement between Offshore 
Pollock Catchers' Cooperative and Pollock Conservation Cooperative . . 
. .''
    Response: NMFS has changed the definition of ``AFA fee liability'' 
at Sec.  679.2 in this final rule to clarify that the AFA fee liability 
means the amount of money for Bering Sea pollock cost recovery, in U.S. 
dollars, owed to NMFS by an AFA cooperative or AFA sector as determined 
by multiplying the appropriate AFA standard ex-vessel value of landed 
Bering Sea pollock by the appropriate AFA fee percentage. For 
consistency, NMFS also changed the definition of ``AFA fee percentage'' 
at Sec.  679.2 in this final rule to clarify that the AFA fee liability 
applies to an AFA cooperative or AFA sector. See response to Comment 11 
for additional detail.
    Comment 14: Change the proposed rule at Sec.  679.66(d) to add the 
representative of the Cooperative Agreement between Offshore Pollock 
Catchers' Cooperative and Pollock Conservation Cooperative as the 
designated representative for the AFA catcher/processor sector. Make 
this change at Sec. Sec.  679.66(d)(3), 679.66(d)(3)(i), 
679.66(d)(3)(ii), 679.66(d)(4), 679.66(d)(5), and 679.66(d)(6).
    Response: This final rule at Sec.  679.66(d) governs the 
underpayment of the cost recovery fee liability. In the proposed rule, 
NMFS used cooperative as a general term applicable to the three AFA 
sectors and their unique associations. However, the use of the term 
cooperative for the AFA catcher/processor sector generated a number of 
public comments from one commenter. NMFS agrees that the proposed rule 
language Sec.  679.66(d) should be more specific regarding the 
designated representative for the AFA catcher/processor sector. 
However, NMFS disagrees that the appropriate designated representative 
for the AFA catcher/processor sector is the representative of the 
Cooperative Agreement.
    Based on this and Comments 6, 11, 12, and 13, NMFS has modified 
this final rule to specify that the designated representative for the 
AFA catcher/processor sector is the entity representative defined at 
Sec.  679.21(f)(8)(i)(C). NMFS changed this final rule at Sec. Sec.  
679.66(d)(3), 679.66(d)(3)(i), 679.66(d)(3)(ii), 679.66(d)(4), 
679.66(d)(5), and 679.66(d)(6) to add language specifying the entity 
representative for the AFA catcher/processor sector and that these 
paragraphs are applicable to the AFA catcher/processor sector.
    Comment 15: References to ``an AFA cooperative,'' ``an AFA 
cooperative representative,'' and ``cooperative'' in the proposed rule 
at Sec. Sec.  679.66(e) and 679.66(f) should also include references to 
``the Cooperative Agreement between Offshore Pollock Catchers' 
Cooperative and Pollock Conservation Cooperative'' or, where 
appropriate, the agreement's representative.
    Response: This final rule at Sec.  679.66(e) and (f) governs over 
payment and appeals, respectively. NMFS disagrees that the Cooperative 
Agreement is the appropriate entity for the AFA catcher/processor 
sector for reasons explained in the response to Comment 11. However, 
NMFS changed this final rule at Sec.  679.66(e) and (f) to clarify that 
the designated representative is the appropriate person for activities 
regulated by Sec.  679.66(e) and (f).
    Comment 16: In Sec.  679.66(g) Administrative Fees, the reference 
to the account drawn on to pay the ``CDQ fee liability'' should refer 
to the ``AFA fee liability.''
    Response: NMFS removed paragraph (g) Administrative Fees from each 
cost recovery program at Sec. Sec.  679.33, 679.66, 679.67, and 679.95. 
These paragraphs addressed administrative fees if the account drawn on 
to pay the cost recovery fee liability has insufficient funds to cover 
the transaction or if the account becomes delinquent. These paragraphs 
are not necessary because the Debt Collection Improvement Act of 1996, 
as explained in the Treasury Financial Manual Part 4, Chapter 4000, 
generally requires Federal agencies to

[[Page 160]]

transfer any nontax debt to U.S. Department of the Treasury's Bureau of 
the Fiscal Service (Fiscal Service) for debt collection services. After 
transfer, Fiscal Service takes appropriate action to service, collect, 
compromise, or suspend or terminate collection action on the debt. NMFS 
then renumbered paragraph (h) as paragraph (g) Annual report.
    Comment 17: The regulations should clarify that the person 
designated as the representative of the Cooperative Agreement between 
Offshore Pollock Catchers' Cooperative and Pollock Conservation 
Cooperative is a representative of that agreement solely for purposes 
of payment of cost recovery fees.
    Response: In this final rule at Sec.  679.66(a)(1)(ii), the person 
responsible for submitting the cost recovery fee is the person 
designated as the representative of the entity representing the AFA 
catcher/processor sector under Sec.  679.21(f)(8)(i)(C).

Comments on the Amendment 80 Cost Recovery Fee Program

    Comment 18: Use the Commercial Operator's Annual Report (COAR) to 
determine the standard ex-vessel price for Amendment 80 species and 
remove the requirement that Amendment 80 cooperatives submit the First 
Wholesale Volume and Value Report. The new reporting requirement is 
burdensome, redundant, and will require additional costs for NMFS. 
These additional costs will result in additional fee liabilities for 
the Amendment 80 cooperatives. COAR data are adequate for determining 
the standard price for species covered by the First Wholesale Volume 
and Value Report and can be obtained with less cost.
    Response: NMFS considered using COAR for all species and all CDQ 
and LAP programs that would be subject to the new cost recovery 
regulations (see Section 1.7.2.1 of the Analysis). NMFS selected using 
COAR data only for the AFA and Aleutian Islands Pollock Programs 
because these are single species fisheries. As noted in Section 
1.7.2.2.1 of the Analysis, there is not substantial variation in the 
pollock ex-vessel price from year to year. Therefore, the standard ex-
vessel price is unlikely to impact the cost recovery fee that any 
person would be required to pay. Also, because a single price is set 
for all Bering Sea AFA pollock landed and only pollock is used to 
determine the cost recovery fee, the amount of the pollock each person 
harvests determines the percentage of the cost recovery fee each AFA 
person must pay.
    In contrast, the Amendment 80 and CDQ Programs are multispecies 
programs and the variation in the ex-vessel price of a species and the 
proportion of species harvested by an Amendment 80 cooperative or CDQ 
group can affect the total fee liability due. Section 1.7.2 of the RIR/
FRFA and the preamble to the proposed rule show that the ex-vessel 
price of species covered by the Pacific Cod Ex-vessel Volume and Value 
Report and the First Wholesale Volume and Value Report can vary 
substantially from year to year, and this variation would have an 
impact on the fees that each person in these programs would be liable 
to pay. Using COAR data from the previous year may not reflect the ex-
vessel prices that exist in the year that the catch subject to cost 
recovery occurs. Therefore, NMFS is requiring that Amendment 80 
cooperatives submit a First Wholesale Volume and Value Report for 
species subject to a cost recovery fee for species other than BSAI 
halibut, BSAI Pacific cod, BSAI pollock, and BSAI sablefish. NMFS 
collects data on BSAI halibut and BSAI sablefish through existing data 
collection methods that provide more timely data than that provided by 
the COAR. NMFS will collect data for BSAI Pacific cod using a separate 
Pacific Cod Ex-vessel Volume and Value Report.
    The First Wholesale Volume and Value Report allows NMFS to collect 
price and quantity data for the current year's fishery (as required 
under the Magnuson-Stevens Act) to determine the portion of the total 
cost recovery fee that each person is required to pay. NMFS must have 
this information to fulfill its obligation in assessing each person the 
required fee. The data collected from the First Wholesale Volume and 
Value Report is the minimum amount of information needed to determine 
each person's fee liability for Amendment 80 species and species other 
than BSAI halibut, BSAI Pacific cod, BSAI pollock, and BSAI sablefish.
    NMFS agrees that collecting these data through the First Wholesale 
Volume and Value Report will increase the Amendment 80 sector cost 
recovery fee and increase the reporting burden on industry. NMFS 
considered implementing monthly reporting requirements for the First 
Wholesale Volume and Value Report similar to the IFQ program's Volume 
and Value Reports. However, to reduce the reporting burden and reduce 
the overall costs to the Amendment 80 participants, NMFS determined 
that an annual First Wholesale Volume and Value Report would provide 
sufficient information to collect the cost recovery fees and reduce 
administrative costs relative to a monthly reporting requirement. 
Overall, the cost that NMFS is likely to incur to maintain and process 
the First Volume Wholesale Volume and Value Report is only a small 
proportion of NMFS' total costs to manage the Amendment 80 and CDQ 
Programs.
    Comment 19: There is no need to collect data to determine a 
standard ex-vessel price for rock sole harvests during the first 
quarter (January 1 through March 31), and a separate standard ex-vessel 
price for harvests for the remainder of the year. The intra-annual ex-
vessel price fluctuations for rock sole have been limited in recent 
years due to the decline in the rock sole and roe market. The average 
annual rock sole prices are sufficient for the Amendment 80 sector to 
determine the standard ex-vessel price.
    Response: Table 1-26 of the Analysis provides a summary of the 
estimated monthly rock sole ex-vessel prices. Table 1-26 shows that the 
difference in rock sole ex-vessel prices from the first quarter of a 
year relative to the rest of the year have declined. However, there is 
still a substantial difference in the estimated ex-vessel prices during 
the first quarter and the remainder of the year. Even in the most 
recent year of complete ex-vessel price data (2013), there was still a 
20 percent variation in price between the first quarter of the year and 
the remainder of the year. Because this difference continues to 
persist, NMFS intends to collect ex-vessel data for rock sole for the 
first quarter and for all remaining quarters, as described in proposed 
rule.
    If the price premium for rock sole in the first quarter of the year 
continues to decline, NMFS could consider modifying the First Wholesale 
Volume and Value Report in the future. The information collected in the 
First Wholesale Volume and Value Report will allow NMFS to monitor the 
rock sole ex-vessel prices and determine if a change in reporting is 
appropriate.
    Comment 20: Clarify in this final rule the term harvested fish for 
Amendment 80 vessels. NMFS should only assess fees against fish that 
were retained and offloaded from the vessel.
    Response: Section 304(d)(2)(B) of the Magnuson-Stevens Act states 
that a cost recovery fee ``shall not exceed 3 percent of the ex-vessel 
value of fish harvested under any such program.'' This rule defines the 
fish harvested and subject to a cost recovery fee as all AFA Program, 
Aleutian Islands Pollock Program, Amendment 80 Program, or CDQ Program 
landings debited against that AFA cooperative or sector, Aleut 
Corporation, Amendment 80

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cooperative, or CDQ group's allocations, respectively (see regulations 
at Sec. Sec.  679.66(c)(5)(i) for AFA, 679.67(c)(5)(i) for Aleutian 
Islands pollock, 679.95(c)(5)(i) for Amendment 80, and 679.33(c)(5)(i) 
for CDQ).
    For catcher/processor vessels that harvest fish subject to a cost 
recovery fee, NMFS uses information currently collected from at-sea 
scales and onboard observers to determine the amount and species 
composition of fish landed and debited from the applicable CDQ or LAP 
program allocation. Catcher/processors are not currently required to 
submit information on the weight and species composition of fish 
retained and offloaded. Establishing an offload reporting requirement 
and subsequent monitoring requirements would result in additional costs 
to NMFS. These costs would be included in the calculation of the cost 
recovery fee for the applicable CDQ or LAP program because NMFS would 
be requiring an offload report and monitoring requirement solely to 
monitor compliance with regulations necessary for CDQ or LAP program 
cost recovery. These additional costs are not necessary because 
information currently collected from at-sea scales and onboard 
observers provides a less costly independent source of information on 
the amount and species composition of fish harvested that are subject 
to a cost recovery fee. For catcher vessels, NMFS uses data from the 
processor receiving the fish (i.e., a fish ticket) to determine the 
amount and species composition of fish subject to a cost recovery fee.
    Comment 21: Grant the Amendment 80 Program the same exception to 
the requirement to pay the fee liability in full by December 31 as 
granted to the AFA catcher/processor sector. The Amendment 80 Program 
should receive a proportion of its quota that matches the proportion of 
fees paid by the deadline (i.e., if an Amendment 80 cooperative pays 
only 80 percent of its fee liability, then NMFS would issue only 80 
percent of the cooperative quota allocation to that cooperative). It 
would be appropriate and fair to grant this same exception because of 
difficulties associated with the timing of internal fee collection and 
unplanned increases in fees or decreases in fish values that may result 
in insufficient inseason fee collections from cooperative members.
    Response: This final rule at Sec.  679.66(d)(3)(ii) provides that 
if the AFA catcher/processor sector pays only a portion of its AFA fee 
liability, the Regional Administrator may release a portion of the 
Bering Sea pollock allocation equal to the portion of the fee liability 
paid.
    Section 1.10.1.1, Section 1.10.3.1, and the Executive Summary of 
the Analysis and the preamble to the proposed rule explain that NMFS 
can release a percentage of the allocation of catch that is equal to 
the percentage of the cost recovery fee only for single species LAP 
programs. The Amendment 80 LAP Program is a multi-species LAP program. 
Withholding a portion of the allocation for an Amendment 80 cooperative 
would be complicated by the fact that each Amendment 80 species has a 
different ex-vessel value and members within the cooperative are 
allocated different amounts of Amendment 80 quota share. These 
allocations yield different amounts of Amendment 80 cooperative quota 
(CQ) when the Amendment 80 quota share is assigned to an Amendment 80 
cooperative. Therefore, NMFS could not conclusively determine how much 
of a specific Amendment 80 species CQ allocation should be withheld.
    For example, if an Amendment 80 cooperative paid only 90 percent of 
its fee liability, it is not clear what portion of the Amendment 80 CQ 
would match the percentage of the cost recovery fee paid. Making this 
determination would require assumptions and would risk NMFS withholding 
species that do not match the cooperative allocations associated with 
the unpaid cost recovery fee. Because of this uncertainty, NMFS will 
require full payment of the cost recovery fee for the Amendment 80 
sector prior to releasing any of the cooperative's annual CQ. The 
cooperative contract should address the payment of the cost recovery 
fee and persons that do not meet the terms of the contract should be 
subject to penalties outlined in the contract.
    Comment 22: The Analysis prepared for this action should be revised 
to include some additional information on how potential reductions to 
halibut PSC limits would affect the overall revenues and the potential 
cost recovery fee percent a CDQ or LAP program would have to pay in the 
future. Specifically, the Analysis prepared for this action should 
describe the potential impact of halibut PSC reductions on the cost 
recovery fee percentage paid by the Amendment 80 Program.
    Response: Section 1.11 of the Analysis acknowledges that management 
actions recommended by the Council and implemented by NMFS could affect 
the total amount harvested by these LAP and CDQ programs. Future 
management measures applicable to LAP and CDQ programs could increase 
or reduce costs, or increase or reduce the ex-vessel value of fisheries 
subject to cost recovery. These future management actions could result 
in either an increase or a decrease in the cost recovery fee percentage 
applicable to LAP or CDQ programs.
    The Council has recommended and NMFS is reviewing reduced halibut 
PSC limits applicable to the vessels participating in the LAP and CDQ 
programs covered by this action. On November 16, 2015, NMFS published a 
proposed rule to reduce halibut PSC limits (80 FR 71650). NMFS and the 
Council prepared a draft Environmental Assessment/Regulatory Impact 
Review/Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) to 
consider the impacts of that action. The draft EA/RIR/IRFA states that 
halibut PSC limit reductions could result in an increase in the cost 
recovery fee percentage due to the decreased harvests that may occur if 
halibut PSC limits constrain the ability of vessels to fish. We refer 
the reader to that EA/RIR/IRFA for additional details, see the NMFS 
Alaska Region Web site at http://alaskafisheries.noaa.gov.
    As the commenter states, changes in the halibut PSC limits 
applicable to Amendment 80 cooperatives could reduce the amount of the 
TAC harvested in these fisheries, and therefore would affect the fee 
percentage that Amendment 80 vessels would pay. Reduced catch could be 
partially offset by an increase in prices, but the world market for 
these fish and the wide availability of substitute products indicate 
that an increase in price due to reduced supply is unlikely. Given the 
estimated cost recovery fee of 1.62 percent for the Amendment 80 
Program, the value of the fishery would need to decrease by about 50 
percent, assuming the agency costs remain constant, before the maximum 
3 percent cost recovery fee limit is reached.
    Comment 23: Clarify regulations at Sec.  679.95(b)(2)(iii) and 
Sec.  679.95(c)(5)(iii) to specify who will calculate the fee liability 
for each Amendment 80 cooperative, NMFS or the Amendment 80 cooperative 
representative. Regulations at Sec.  679.95(b)(2)(iii) state that the 
Amendment 80 cooperative representative determines the fee liability. 
Regulations at Sec.  679.95(c)(5)(iii) state that NMFS will determine 
the fee liability.
    Response: NMFS determines the fee liability owed under each LAP or 
CDQ program. NMFS also determines the standard prices for landings 
under each program. Regulations at Sec.  679.95(b) pertain to NMFS' 
determination of the Amendment 80 standard ex-vessel value. The comment 
is correct that the proposed rule at Sec.  679.95(b)(2)(iii) 
incorrectly explained that an Amendment 80 cooperative

[[Page 162]]

representative determines the Amendment 80 fee liability. The fee 
liability determination is in the regulations at Sec.  679.95(c). These 
regulations explain that NMFS determines the fee liability. In response 
to this comment, NMFS changed this final rule at Sec.  
679.95(b)(2)(iii) to remove language pertaining to the fee liability 
and to clarify that this paragraph applies to NMFS' determination of 
the Amendment 80 standard ex-vessel prices.
    NMFS noticed this same error in the proposed rule at Sec.  
679.33(b)(2)(iii) that applies to the determination of the CDQ standard 
prices. NMFS changed this final rule at Sec.  679.33(b)(2)(iii) to 
remove language pertaining to the fee liability and to clarify that 
this paragraph applies to NMFS's determination of the CDQ standard 
prices.
    Comment 24: Regulations at Sec.  679.95(g) incorrectly contain a 
reference to pay the ``CDQ fee liability'' because this regulation 
applies to the Amendment 80 Program.
    Response: NMFS removed paragraph (g) Administrative Fees from each 
cost recovery program at Sec. Sec.  679.33, 679.66, 679.67, and 679.95. 
See response to Comment 16.

Changes From the Proposed Rule

    This final rule includes changes to particular sections of the 
regulatory text and amendatory instructions published in the proposed 
rule.
    NMFS removed paragraph (g) Administrative fees from each cost 
recovery program at Sec. Sec.  679.33, 679.66, 679.67, and 679.95. 
These paragraphs addressed administrative fees if the account drawn on 
to pay the cost recovery fee liability has insufficient funds to cover 
the transaction or if the account becomes delinquent. These paragraphs 
are not necessary because the Debt Collection Improvement Act of 1996, 
as explained in the Treasury Financial Manual Part 4, Chapter 4000, 
generally requires Federal agencies to transfer any nontax debt to U.S. 
Department of the Treasury's Bureau of the Fiscal Service (Fiscal 
Service) for debt collection services. After transfer, Fiscal Service 
takes appropriate action to service, collect, compromise, or suspend or 
terminate collection action on the debt. NMFS then renumbered paragraph 
(h) as paragraph (g) Annual report.
    NMFS removed from paragraph (e), in Sec. Sec.  679.33, 679.66, 
679.67, and 679.95, the sentence that NMFS may deduct payment 
processing fees from any fees returned due to over payment. This 
additional sentence is not necessary because processing costs due to 
over payment are nominal with improvements in methods to collect fees.
    In addition to these two changes, NMFS also made some non-
substantive minor technical corrections to the regulatory text.
    NMFS made substantive changes to this final rule in response to 
public comments. These changes improve the functioning of the cost 
recovery programs implemented with this final rule. All the specific 
regulation changes, and the reasons for making these changes, are 
contained under Response to Comments, above. This section provides a 
summary of the changes made to this final rule in response to public 
comment.

CDQ Cost Recovery Changes

     In this final rule at Sec.  679.33(b)(2)(iii), NMFS 
corrected this paragraph to remove language pertaining to the fee 
liability and to clarify that this paragraph applies to NMFS' 
determination of the CDQ standard prices in response to Comment 23.

AFA Cost Recovery Changes

     In this final rule at Sec.  679.2, NMFS modified the 
definitions of AFA fee liability and AFA fee percentage to clarify that 
these terms apply to an AFA cooperative or AFA sector in response to 
Comment 13.
     In this final rule at Sec.  679.66(a)(1)(ii), NMFS 
clarified that the entity representative under Sec.  679.21(f)(8)(i)(C) 
will be the AFA catcher/processor sector's designated representative 
for submission of the cost recovery fee in response to Comment 11.
     In this final rule at Sec.  679.66(d)(3), NMFS clarified 
that the AFA catcher/processor sector receives the Bering Sea pollock 
allocation and that the AFA catcher/processor sector entity 
representative under Sec.  679.21(f)(8)(i)(C) submits the fee payment 
in response to Comment 14.
     To match the changes to Sec.  679.66(a)(1)(ii), NMFS also 
changed this final rule as follows. These changes are discussed in 
detail in the responses to Comments 11, 12, 13, 14, and 15.
    [cir] Sec. Sec.  679.66(a)(2), (a)(3), (a)(4), (b)(1), (c)(4), 
(c)(5)(v), (d)(4), (d)(5), and (d)(6), (e), and (f) were changed to 
replace ``cooperative representative'' with ``designated 
representative;''
    [cir] Sec.  679.66(b)(2)(i), (c)(5)(i), (d)(5), (d)(6) and (e) were 
changed to add ``or AFA sector;'' and
    [cir] Sec.  679.66(c)(2) introductory text, (c)(2)(iii)(B), 
(c)(3)(i) and (c)(5)(iii) were changed to replace references to listed 
AFA catcher/processors and high seas catcher vessels that deliver to 
them with ``AFA catcher/processor sector.''

Amendment 80 Cost Recovery Changes

     In this final rule at Sec.  679.95(b)(2)(iii), NMFS 
corrected this paragraph to remove language pertaining to the fee 
liability and to clarify that this paragraph applies to NMFS' 
determination of the Amendment 80 standard ex-vessel prices in response 
to Comment 23.

OMB Revisions to Paperwork Reduction Act References in 15 CFR 902.1(b)

    Section 3507(c)(B)(i) of the PRA requires that agencies inventory 
and display a current control number assigned by the Director, OMB, for 
each agency information collection. Section 902.1(b) identifies the 
location of NOAA regulations for which OMB approval numbers have been 
issued. Because this final rule revises and adds data elements within a 
collection-of-information for recordkeeping and reporting requirements, 
15 CFR 902.1(b) is revised to reference correctly the sections 
resulting from this final rule.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
Administrator, Alaska Region, NMFS, has determined that this final rule 
is necessary for the conservation and management of the groundfish and 
halibut fisheries and that it is consistent with the FMP, the National 
Standards, other provisions of the Magnuson-Stevens Act, and other 
applicable laws. This final rule has been determined to be not 
significant for purposes of Executive Order 12866.

Final Regulatory Flexibility Analysis

    This final regulatory flexibility analysis (FRFA) incorporates the 
Initial Regulatory Flexibility Analysis (IRFA), a summary of the 
significant issues raised by the public comments in response to the 
IRFA, and NMFS' responses to those comments, and a summary of the 
analyses completed to support the action.
    Section 604 of the Regulatory Flexibility Act requires that, when 
an agency promulgates a final rule under section 553 of Title 5 of the 
United States Code, after being required by that section, or any other 
law, to publish a general notice of proposed rulemaking, the agency 
shall prepare a final regulatory flexibility analysis.
    Section 604 describes the required contents of a FRFA: (1) A 
statement of the need for, and objectives of, the rule; (2) a statement 
of the significant issues raised by the public comments in

[[Page 163]]

response to the IRFA, a statement of the assessment of the agency of 
such issues, and a statement of any changes made in the proposed rule 
as a result of such comments; (3) the response of the agency to any 
comments filed by the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) in response to the proposed rule, and a detailed 
statement of any change made to the proposed rule in this final rule as 
a result of the comments; (4) a description of and an estimate of the 
number of small entities to which the rule will apply or an explanation 
of why no such estimate is available; (5) a description of the 
projected reporting, recordkeeping and other compliance requirements of 
the rule, including an estimate of the classes of small entities which 
will be subject to the requirement and the type of professional skills 
necessary for preparation of the report or record; and (6) a 
description of the steps the agency has taken to minimize the 
significant economic impact on small entities consistent with the 
stated objectives of applicable statutes, including a statement of the 
factual, policy, and legal reasons for selecting the alternative 
adopted in this final rule and why each one of the other significant 
alternatives to the rule considered by the agency which affect the 
impact on small entities was rejected.

Need for and Objectives of the Rule

    A statement of the need for, and objectives of, the rule is 
contained in the preamble to this final rule and is not repeated here.

Public and Chief Counsel for Advocacy Comments on the Proposed Rule

    NMFS published a proposed rule on January 7, 2015 (80 FR 936). An 
IRFA was prepared and summarized in the ``Classification'' section of 
the preamble to the proposed rule. The comment period closed on 
February 6, 2015. NMFS received three public comment letters, 
containing 23 separate comments on the proposed rule. These comments 
did not address the IRFA. The economic impacts of the rule were 
addressed in the comments by requesting that NMFS clearly define the 
costs that are subject to the rule. One comment specifically requested 
information on how BSAI halibut PSC reductions being considered by the 
Council and Secretary would impact the overall profitability of the 
Amendment 80 vessels, which are not considered small entities under the 
Small Business Administration Guidelines. The Chief Counsel for 
Advocacy of the SBA did not file any comments on the proposed rule.

Number and Description of Small Entities Regulated by the Action

    This analysis considers the active fleet in 2013, which is the most 
recent year for which size, revenue, and affiliation data were all 
available. The only small entities directly regulated by this rule are 
the six CDQ groups--the Aleutian Pribilof Island Community Development 
Association, the Bristol Bay Economic Development Corporation, the 
Central Bering Sea Fishermen's Association, the Coastal Villages Region 
Fund, the Norton Sound Economic Development Corporation, and the Yukon 
Delta Fisheries Development Association. Through the CDQ Program, the 
Council and NMFS allocate a portion of the BSAI groundfish TACs, 
halibut quota, and halibut and crab PSC limits, to these six CDQ 
groups. These groups represent 65 villages and maintain a non-profit 
status. Each of the CDQ groups is organized as an independently owned 
and operated not-for-profit entity and none is dominant in its field; 
consequently, each is a ``small entity'' under the Small Business 
Administration's definition for ``small organization.'' The proceeds 
from the CDQ allocations must be used to start or support activities 
that will result in ongoing, regionally based, commercial fishery or 
related businesses. Section 2.6 of the Analysis prepared for the 
proposed rule provides more information on these entities (80 FR 936, 
January 7, 2015).
    All other entities that are directly regulated through this rule 
are not small entities under the SBA definitions. This action would 
regulate Amendment 80, AFA cooperatives, and AFA sectors, and the 
vessels that are harvesting exclusive harvest privileges under the 
Amendment 80 and AFA Programs; The Aleut Corporation; and processors 
and motherships that receive CDQ Pacific cod deliveries and trawl-
caught Pacific cod. The SBA defines a small commercial finfish fishing 
entity as one that has annual gross receipts, from all activities of 
all affiliates, of less than $20.5 million (79 FR 33647, June 12, 
2014). None of these entities are considered to be small entities based 
on the SBA's size standard.

Recordkeeping and Reporting Requirements

    This action modifies recordkeeping or reporting requirements so 
that sufficient data are available to determine the cost recovery fee 
and standardized prices in the time frame required under the Magnuson-
Stevens Act. No small entity is subject to additional reporting 
requirements. Shorebased processors will be required to submit ex-
vessel Volume and Value Reports for all CDQ groundfish landings and all 
BSAI Pacific cod trawl landings. Each Amendment 80 catcher/processor 
will be required to submit a First Wholesale Volume and Value Report 
for all groundfish species, except Pacific cod, harvested under the 
Amendment 80 and CDQ programs. The information to be collected is 
described in Section 1.7.2.1 of the Analysis.
    The only additional recordkeeping requirements for small entities 
are the bookkeeping skills necessary for the six CDQ groups to submit 
payment for their cost recovery fees. NMFS will calculate the fee 
amount that each CDQ group owes. The designated representative of each 
group is then required to ensure the timely submission of the fee 
payment.

Description of Significant Alternatives to the Final Action That 
Minimize Adverse Impacts on Small Entities

    A FRFA must the outline steps the agency has taken to minimize the 
significant economic impact on small entities consistent with the 
stated objectives of applicable statutes, including a statement of the 
factual, policy, and legal reasons for selecting the alternative 
adopted in the final rule and why each one of the other significant 
alternatives to the rule considered by the agency which affect the 
impact on small entities was rejected. The action is the implementation 
of the Magnuson-Stevens Act's mandatory cost recovery fees for LAP and 
CDQ programs.
    No alternatives or options were identified that would have 
accomplished the action's objectives while reducing the potential 
economic impact on small entities relative to the preferred 
alternative. NMFS has determined that the minimum amount of data 
necessary to calculate the cost recover fees as mandated under the 
Magnuson-Stevens Act would be collected through volume and value 
reports. Collecting the minimum amount of data necessary from the 
fewest persons possible is beneficial to all entities.
    The economic impact on directly regulated small entities is the 
implementation of a cost recovery fee mandated under the Magnuson-
Stevens Act. The Magnuson-Stevens Act requires that participants in 
limited access privilege programs and the CDQ Program pay up to 3 
percent of the ex-vessel value of the fish they are

[[Page 164]]

allocated to recover the actual costs that are directly related to the 
management, data collection, and enforcement of the programs specific 
costs that are incurred by the management agencies. Given the specific 
requirements of the Magnuson-Stevens Act to implement a cost recovery 
fee, no other alternatives would accomplish the stated objective. Each 
CDQ group is required to submit its own fee payment using a payment 
system approved by NMFS.
    For all directly regulated entities NMFS considered and analyzed a 
range of specific options to determine standard prices for calculating 
standard ex-vessel value data, dates for volume and value report and 
fee submission, and other details of the fee collection process 
described in the Analysis. NMFS selected those options that would 
minimize the reporting burden and costs on small entities consistent 
with the stated objective when possible.
    Specifically, NMFS considered options to use COAR data to determine 
standard prices and standard ex-vessel values for all species subject 
to cost recovery, but did not select that option for species other than 
BSAI pollock because it could impact the fee liability each person 
would be required to pay. NMFS did select options that minimized 
reporting requirements on small entities by using existing data sources 
(e.g., COAR for BSAI pollock, and the IFQ buyer report for BSAI 
sablefish and BSAI halibut). NMFS also selected dates for the 
submission of reports that provided the most current data available to 
allow fee liabilities to be calculated on a timely basis. These dates 
would minimize the potential impact on small entities relative to other 
dates considered. NMFS will provide annual reports to the persons 
subject to the cost recovery fee and other interested stakeholders to 
help provide transparency in the fee liability determination.

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules.
    NMFS has posted a small entity compliance guide on the NMFS Alaska 
Region Web site (http://alaskafisheries.noaa.gov) as a plain language 
guide to assist small entities in complying with this rule. Contact 
NMFS to request a hard copy of the guide (see ADDRESSES).

Collection-of-Information Requirements

    This rule contains collection-of-information requirements subject 
to the Paperwork Reduction Act (PRA) and which have been approved under 
the following OMB control numbers.
OMB Control No. 0648-0318
    With this action, the payment and observer fee submittal (15 
minutes) is removed from this collection and added to the new fee 
collection.
OMB Control No. 0648-0398
    With this action, this IFQ Cost Recovery collection is removed and 
superseded by the new cost recovery collection.
OMB Control No. 0648-0401
    Public reporting burden per response is estimated to average eight 
hours for Cooperative Contract. This information collection is revised 
by adding to the Cooperative Contract the obligation of AFA cooperative 
members to ensure full payment of cost recovery fees.
OMB Contract No. 0648-0545
    With this action, two forms--the Rockfish Volume and Value Report 
(two hours per response) and the payment and fee submittal (10 minutes 
per response) are removed from this collection.
OMB Control No. 0648-0565
    Public reporting burden per response is estimated to average two 
hours for Application for Amendment 80 Cooperative Quota; the 
Cooperative Agreement is an attachment to this application. This 
information collection is revised by adding to the Cooperative 
Agreement the obligation of AFA cooperative members to ensure full 
payment of cost recovery fees.
OMB Control No. 0648-0570
    With this action, the Crab Rationalization Program Cost Recovery 
collection is removed and superseded by the new cost recovery 
collection.
OMB Control No. 0648-0711
    This new information collection is created by combining all 
existing Alaska Region fee information collections with the observer 
fee submission. Public reporting burden per response is estimated to 
average one minute for cost recovery fee or observer fee submission; 
five minutes for value and volume report; and four hours for appeal of 
an incomplete payment of a cost recovery fee or observer fee.
    Estimates for public reporting burden include the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    Send comments regarding these burden estimates or any other aspect 
of this data collection, including suggestions for reducing the burden, 
to NMFS (see ADDRESSES) and by email to [email protected], or 
fax to 202-395-5806.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number. All currently approved NOAA 
collections of information may be viewed at: http://www.cio.noaa.gov/services_programs/prasubs.html.

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: December 29, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 15 CFR part 
902 and 50 CFR part 679 as follows:

Title 15--Commerce and Foreign Trade

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

0
1. The authority citation for part 902 continues to read as follows:

    Authority:  44 U.S.C. 3501 et seq.


0
2. In Sec.  902.1, in the table in paragraph (b), under the entry ``50 
CFR'':
0
a. Revise entries for ``679.5(a)''; ``679.5(c), (e), and (f)''; 
``679.5(d)''; and ``679.5(l)(7);
0
b. Add entries in alphanumeric order for ``679.5(u)'' and ``679.33'';
0
c. Revise entries for ``679.43''; ``679.45''; ``679.55''; and 
``679.65'';
0
d. Add entries in alphanumeric order for ``679.66''; ``679.67''; 
``679.85''; and ``679.95'';

[[Page 165]]

0
e. Remove the entries for ``680.5(f)''; ``680.5(g)''; and ``680.5(m)'';
0
f. Add an entry in alphanumeric order for ``680.5(f), (g), and (m)''.
    The revisions and additions read as follows:


Sec.  902.1  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

* * * * *
    (b) * * *

 
------------------------------------------------------------------------
   CFR part or section where the
information collection  requirement     Current OMB control No.  (all
             is located                   numbers begin with 0648-)
------------------------------------------------------------------------
 
                              * * * * * * *
50 CFR:............................  ...................................
 
                              * * * * * * *
679.5(a)...........................  -0213, -0269, and -0272.
 
                              * * * * * * *
679.5(c), (e), and (f).............  -0213, -0272, -0330, -0513, and -
                                      0515.
679.5(d)...........................  -0213 and -0515.
 
                              * * * * * * *
679.5(l)(7)........................  -0711.
 
                              * * * * * * *
679.5(u)...........................  -0206 and -0711.
 
                              * * * * * * *
679.33.............................  -0711.
 
                              * * * * * * *
679.43.............................  -0272, -0318, -0334, -0401, -0545,
                                      0565, -0569, and -0711.
679.45.............................  -0272, -0592, and -0711.
 
                              * * * * * * *
679.55.............................  -0206, -0272, and -0711.
 
                              * * * * * * *
679.65.............................  -0213, -0515, and -0633.
679.66.............................  -0711.
679.67.............................  -0711.
 
                              * * * * * * *
679.85.............................  -0545.
 
                              * * * * * * *
679.95.............................  -0711.
 
                              * * * * * * *
680.5(f), (g), (m).................  -0711.
 
                              * * * * * * *
------------------------------------------------------------------------

Title 50--Wildlife and Fisheries

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

0
3. The authority citation for part 679 continues to read as follows:

    Authority:  16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.; 
Pub. L. 108-447; Pub. L. 111-281.


0
4. In Sec.  679.2, add definitions for ``AFA fee liability''; ``AFA fee 
percentage''; ``AFA pollock equivalent pounds''; ``AFA standard ex-
vessel value''; ``AFA standard price''; ``Aleutian Islands pollock 
equivalent pounds''; ``Aleutian Islands pollock fee liability''; 
``Aleutian Islands pollock fee percentage''; ``Aleutian Islands pollock 
standard ex-vessel value''; ``Aleutian Islands pollock standard 
price''; ``Amendment 80 equivalent pounds''; ``Amendment 80 fee 
liability''; ``Amendment 80 fee percentage''; ``Amendment 80 standard 
ex-vessel value''; ``Amendment 80 standard price''; ``CDQ equivalent 
pounds''; ``CDQ fee liability''; ``CDQ fee percentage''; ``CDQ standard 
ex-vessel value''; and ``CDQ standard price'' in alphabetical order to 
read as follows:


Sec.  679.2  Definitions.

* * * * *
    AFA fee liability means the amount of money for Bering Sea pollock 
cost recovery, in U.S. dollars, owed to NMFS by an AFA cooperative or 
AFA sector as determined by multiplying the appropriate AFA standard 
ex-vessel value of landed Bering Sea pollock by the appropriate AFA fee 
percentage.
    AFA fee percentage means that positive number no greater than 3 
percent (0.03) determined by the Regional Administrator and established 
for use in calculating the AFA fee liability for an AFA cooperative or 
AFA sector.
* * * * *
    AFA pollock equivalent pounds means the weight recorded in pounds 
for landed AFA pollock and calculated as round weight.
    AFA standard ex-vessel value means the total U.S. dollar amount of 
landed

[[Page 166]]

Bering Sea pollock as calculated by multiplying the number of landed 
pounds of Bering Sea pollock by the appropriate AFA standard price 
determined by the Regional Administrator.
    AFA standard price means the price, in U.S. dollars, for landed 
Bering Sea pollock, in AFA pollock equivalent pounds, as determined by 
the Regional Administrator.
* * * * *
    Aleutian Islands pollock equivalent pounds means the weight 
recorded in pounds for landed Aleutian Islands pollock and calculated 
as round weight.
    Aleutian Islands pollock fee liability means the amount of money 
for Aleutian Islands directed pollock cost recovery, in U.S. dollars, 
owed to NMFS by the Aleut Corporation as determined by multiplying the 
appropriate standard ex-vessel value of its landed Aleutian Islands 
pollock by the appropriate Aleutian Islands pollock fee percentage.
    Aleutian Islands pollock fee percentage means that positive number 
no greater than 3 percent (0.03) determined by the Regional 
Administrator and established for use in calculating the Aleutian 
Islands pollock fee liability for the Aleut Corporation.
    Aleutian Islands pollock standard ex-vessel value means the total 
U.S. dollar amount of landed Aleutian Islands pollock as calculated by 
multiplying the number of landed pounds of Aleutian Islands pollock by 
the appropriate Aleutian Islands pollock standard price determined by 
the Regional Administrator.
    Aleutian Islands pollock standard price means the price, in U.S. 
dollars, for landed Aleutian Islands pollock, in Aleutian Islands 
pollock equivalent pounds, as determined by the Regional Administrator.
* * * * *
    Amendment 80 equivalent pounds means the weight recorded in pounds 
for landed Amendment 80 species CQ and calculated as round weight.
    Amendment 80 fee liability means the amount of money for Amendment 
80 cost recovery, in U.S. dollars, owed to NMFS by an Amendment 80 CQ 
permit holder as determined by multiplying the appropriate standard ex-
vessel value of landed Amendment 80 species CQ by the appropriate 
Amendment 80 fee percentage.
    Amendment 80 fee percentage means that positive number no greater 
than 3 percent (0.03) determined by the Regional Administrator and 
established for use in calculating the Amendment 80 fee liability for 
an Amendment 80 CQ permit holder.
* * * * *
    Amendment 80 standard ex-vessel value means the total U.S. dollar 
amount of landed Amendment 80 species CQ as calculated by multiplying 
the number of landed Amendment 80 equivalent pounds by the appropriate 
Amendment 80 standard price determined by the Regional Administrator.
    Amendment 80 standard price means the price, in U.S. dollars, for 
landed Amendment 80 species, in Amendment 80 equivalent pounds, as 
determined by the Regional Administrator.
* * * * *
    CDQ equivalent pounds means the weight recorded in pounds, for 
landed CDQ groundfish and halibut, and calculated as round weight.
    CDQ fee liability means the amount of money for CDQ groundfish and 
halibut cost recovery, in U.S. dollars, owed to NMFS by a CDQ group as 
determined by multiplying the appropriate standard ex-vessel value of 
landed CDQ groundfish and halibut by the appropriate CDQ fee 
percentage.
    CDQ fee percentage means that positive number no greater than 3 
percent (0.03) determined by the Regional Administrator and established 
for use in calculating the CDQ groundfish and halibut fee liability for 
a CDQ group.
* * * * *
    CDQ standard ex-vessel value means the total U.S. dollar amount of 
landed CDQ groundfish and halibut as calculated by multiplying the 
number of landed CDQ equivalent pounds by the appropriate CDQ standard 
price determined by the Regional Administrator.
    CDQ standard price means the price, in U.S. dollars, for landed CDQ 
groundfish and halibut, in CDQ equivalent pounds, as determined by the 
Regional Administrator.
* * * * *

0
5. In Sec.  679.5, add paragraph (u) to read as follows:


Sec.  679.5  Recordkeeping and reporting (R&R).

* * * * *
    (u) BSAI Cost Recovery Volume and Value Reports--(1) Pacific Cod 
Ex-vessel Volume and Value Report--(i) Applicability. A shoreside 
processor designated on an FPP, or a mothership designated on an FFP, 
that processes landings of either CDQ Pacific cod or BSAI Pacific cod 
harvested by a vessel using trawl gear must submit annually to NMFS a 
complete Pacific Cod Ex-vessel Volume and Value Report, as described in 
this paragraph (u)(1), for each reporting period for which the 
shorebased processor or mothership receives this Pacific cod.
    (ii) Reporting period. The reporting period of the Pacific Cod Ex-
vessel Volume and Value Report shall extend from January 1 to October 
31 of the year in which the landings were made.
    (iii) Due date. A complete Pacific Cod Ex-vessel Volume and Value 
Report must be received by NMFS no later than November 10 of the year 
in which the processor or mothership received the Pacific cod.
    (iv) Information required. (A) The submitter must log in using his 
or her password and NMFS person ID to submit a Pacific Cod Ex-vessel 
Volume and Value Report. The User must review any auto-filled cells to 
ensure that they are accurate. A completed report must have all 
applicable fields accurately filled-in.
    (B) Certification. By using the NMFS person ID and password and 
submitting the report, the submitter certifies that all information is 
true, correct, and complete to the best of his or her knowledge and 
belief.
    (v) Submittal. The submitter must complete and submit online to 
NMFS the Pacific Cod Ex-vessel Volume and Value Report available at 
https://alaskafisheries.noaa.gov.
    (2) First Wholesale Volume and Value Report--(i) Applicability. An 
Amendment 80 vessel owner that harvests groundfish species, other than 
Pacific cod, must submit annually to NMFS a complete First Wholesale 
Volume and Value Report, as described in this paragraph (u)(2), for 
each reporting period for which the Amendment 80 vessel harvests 
groundfish species, other than Pacific cod.
    (ii) Reporting period. (A) The reporting period of the First 
Wholesale Volume and Value Report for all species except rock sole 
shall extend from January 1 to October 31 of the year in which the 
landings were made.
    (B) The first reporting period of the First Wholesale Volume and 
Value Report for rock sole shall extend from January 1 to March 31, and 
the second reporting period shall extend from April 1 to October 31.
    (iii) Due date. A complete First Wholesale Volume and Value Report 
must be received by NMFS no later than November 10 of the year in which 
the Amendment 80 vessel received the groundfish species, other than 
Pacific cod.
    (iv) Information required. (A) The Amendment 80 vessel owner must 
log

[[Page 167]]

in using his or her password and NMFS person ID to submit a First 
Wholesale Volume and Value Report. The vessel owner must review any 
auto-filled cells to ensure that they are accurate. A completed report 
must have all applicable fields accurately filled-in.
    (B) Certification. By using the NMFS person ID and password and 
submitting the report, the Amendment 80 vessel owner certifies that all 
information is true, correct, and complete to the best of his or her 
knowledge and belief.
    (v) Submittal. The Amendment 80 vessel owner must complete and 
submit online to NMFS the First Wholesale Volume and Value Report 
available at https://alaskafisheries.noaa.gov.

0
6. In Sec.  679.7, add paragraphs (c)(6), (d)(8), (k)(9), (l)(6), 
(o)(4)(vii), and (o)(9) to read as follows:


Sec.  679.7  Prohibitions.

* * * * *
    (c) * * *
    (6) For a shoreside processor designated on an FPP, or a mothership 
designated on an FFP, that processes landings of either CDQ Pacific cod 
or BSAI Pacific cod harvested by a vessel using trawl gear to fail to 
submit a timely and complete Pacific Cod Ex-vessel Volume and Value 
Report as required under Sec.  679.5(u)(1).
    (d) * * *
    (8) Fail to submit a timely and complete CDQ cost recovery fee 
submission form and fee as required under Sec.  679.33.
* * * * *
    (k) * * *
    (9) Fail to submit a timely and complete AFA cost recovery fee 
submission form and fee as required under Sec.  679.66.
    (l) * * *
    (6) Fail to submit a timely and complete Aleutian Islands pollock 
cost recovery fee submission form and fee as required under Sec.  
679.67.
* * * * *
    (o) * * *
    (4) * * *
    (vii) Fail to submit a timely and complete Amendment 80 cost 
recovery fee submission form and fee as required under Sec.  679.95.
* * * * *
    (9) First Wholesale Volume and Value Report. For an Amendment 80 
vessel owner to fail to submit a timely and complete First Wholesale 
Volume and Value Report as required under Sec.  679.5(u)(2).
* * * * *

0
7. Add Sec.  679.33 to subpart C to read as follows:


Sec.  679.33  CDQ cost recovery.

    (a) Cost Recovery Fee Program for CDQ groundfish and halibut--(1) 
Who is Responsible? The person documented with NMFS as the CDQ group 
representative at the time of a CDQ landing.
    (i) Subsequent transfer, under Sec.  679.31(c), of a CDQ allocation 
by a CDQ group does not affect the CDQ group representative's liability 
for noncompliance with this section.
    (ii) Changes in amount of a CDQ allocation to a CDQ group do not 
affect the CDQ group representative's liability for noncompliance with 
this section.
    (2) Fee collection. Each CDQ group that receives a CDQ allocation 
of groundfish and halibut is responsible for submitting the cost 
recovery payment for all CDQ landings debited against that CDQ group's 
allocations.
    (3) Payment--(i) Payment due date. A CDQ group representative must 
submit all CDQ fee payment(s) to NMFS at the address provided in 
paragraph (a)(3)(iii) of this section no later than December 31 of the 
calendar year in which the CDQ groundfish and halibut landings were 
made.
    (ii) Payment recipient. Make electronic payment payable to NMFS.
    (iii) Payment address. Submit payment and related documents as 
instructed on the fee submission form. Payments must be made 
electronically through the NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov. Instructions for electronic payment will be 
made available on both the payment Web site and a fee liability summary 
letter mailed to the CDQ group representative.
    (iv) Payment method. Payment must be made electronically in U.S. 
dollars by automated clearing house, credit card, or electronic check 
drawn on a U.S. bank account.
    (b) CDQ standard ex-vessel value determination and use--(1) 
General. A CDQ group representative must use the CDQ standard prices 
determined by NMFS under paragraph (b)(2) of this section.
    (2) CDQ standard prices--(i) General. Each year the Regional 
Administrator will publish CDQ standard prices for groundfish and 
halibut in the Federal Register by December 1 of the year in which the 
CDQ groundfish and halibut landings were made. The CDQ standard prices 
will be described in U.S. dollars per CDQ equivalent pound for CDQ 
groundfish and halibut landings made during the current calendar year.
    (ii) Effective duration. The CDQ standard prices published by NMFS 
shall apply to all CDQ groundfish and halibut landings made during the 
current calendar year.
    (iii) Determination. NMFS will calculate the CDQ standard prices 
for each CDQ fishery as follows:
    (A) CDQ halibut and CDQ fixed gear sablefish. NMFS will calculate 
the CDQ standard prices for CDQ halibut and CDQ fixed gear sablefish to 
reflect, as closely as possible by port or port-group, the variations 
in the actual ex-vessel values of CDQ halibut and fixed-gear sablefish 
based on information provided in the IFQ Registered Buyer Ex-vessel 
Volume and Value Report described at Sec.  679.5(l)(7). The Regional 
Administrator will base CDQ standard prices on the following 
information:
    (1) Landed pounds of IFQ halibut and sablefish and CDQ halibut in 
the Bering Sea port-group;
    (2) Total ex-vessel value of IFQ halibut and sablefish and CDQ 
halibut in the Bering Sea port-group; and
    (3) Price adjustments, including retroactive payments.
    (B) CDQ Pacific cod. NMFS will use the standard prices calculated 
for Pacific cod based on information provided in the Pacific Cod Ex-
vessel Volume and Value Report described at Sec.  679.5(u)(1) for CDQ 
Pacific cod.
    (C) CDQ pollock. NMFS will use the standard prices calculated for 
AFA pollock described at Sec.  679.66(b) for CDQ pollock.
    (D) Other CDQ groundfish including sablefish caught with trawl 
gear. (1) NMFS will base all CDQ standard prices for all other CDQ 
groundfish species on the First Wholesale Volume and Value reports 
specified in Sec.  679.5(u)(2).
    (2) NMFS will establish CDQ standard prices for all other CDQ 
groundfish species on an annual basis; except the Regional 
Administrator will establish a first CDQ standard price for rock sole 
for all landings from January 1 through March 31, and a second CDQ 
standard price for rock sole for all landings from April 1 through 
December 31.
    (3) The average first wholesale product prices reported will be 
multiplied by 0.4 to obtain a proxy for the ex-vessel prices of those 
CDQ groundfish species.
    (c) CDQ fee percentage--(1) Established percentage. The CDQ fee 
percentage for CDQ groundfish and halibut is the amount as determined 
by the factors and methodology described in paragraph (c)(2) of this 
section. This amount will be announced by publication in the Federal 
Register in accordance with paragraph (c)(3) of this section. This 
amount must not exceed 3.0 percent pursuant to 16 U.S.C. 1854(d)(2)(B).

[[Page 168]]

    (2) Calculating fee percentage value. Each year NMFS will calculate 
and publish the CDQ fee percentage according to the following factors 
and methodology:
    (i) Factors. NMFS will use the following factors to determine the 
fee percentage:
    (A) The catch to which the CDQ groundfish and halibut cost recovery 
fee will apply;
    (B) The ex-vessel value of that catch; and
    (C) The costs directly related to the management, data collection, 
and enforcement of the CDQ Program for groundfish and halibut.
    (ii) Methodology. NMFS will use the following equations to 
determine the fee percentage: 100 x DPC/V, where:
    (A) DPC = the direct program costs for the CDQ Program for 
groundfish and halibut for the most recent Federal fiscal year (October 
1 through September 30) with any adjustments to the account from 
payments received in the previous year.
    (B) V = total of the CDQ standard ex-vessel value of the catch 
subject to the CDQ fee liability for the current year.
    (3) Publication--(i) General. NMFS will calculate and announce the 
CDQ fee percentage in a Federal Register notice by December 1 of the 
year in which the CDQ groundfish and halibut landings were made. NMFS 
will calculate the CDQ fee percentage based on the calculations 
described in paragraph (c)(2) of this section.
    (ii) Effective period. NMFS will apply the calculated CDQ fee 
percentage to CDQ groundfish and halibut landings made between January 
1 and December 31 of the same year.
    (4) Applicable percentage. The CDQ group representative must use 
the CDQ fee percentage applicable at the time a CDQ groundfish and 
halibut landing is debited from a CDQ group's allocation to calculate 
the CDQ fee liability for any retroactive payments for that CDQ 
species.
    (5) Fee liability determination for a CDQ group. (i) Each CDQ group 
will be subject to a CDQ fee for any CDQ groundfish and halibut debited 
from that CDQ group's allocation during a calendar year.
    (ii) The CDQ fee assessed to a CDQ group will be based on the 
proportion of the standard ex-vessel value of CDQ groundfish and 
halibut debited from a CDQ group's allocation relative to all CDQ 
groups during a calendar year as determined by NMFS.
    (iii) NMFS will provide a CDQ fee liability summary letter to each 
CDQ group representative by December 1 of each year. The summary will 
explain the CDQ fee liability determination including the current fee 
percentage, and details of CDQ pounds debited from the CDQ group 
allocations by permit, species, date, and prices.
    (d) Underpayment of fee liability--(1) No CDQ group will receive 
its allocations of CDQ groundfish or halibut until the CDQ group 
representative submits full payment of that CDQ group's complete CDQ 
fee liability.
    (2) If a CDQ group representative fails to submit full payment for 
its CDQ fee liability by the date described in paragraph (a)(3) of this 
section, the Regional Administrator may:
    (i) At any time thereafter send an IAD to the CDQ group 
representative stating that the CDQ group's estimated fee liability, as 
indicated by his or her own submitted information, is the CDQ fee 
liability due from the CDQ group.
    (ii) Disapprove any application to transfer CDQ to or from the CDQ 
group in accordance with Sec.  679.31(c).
    (3) If a CDQ group fails to submit full payment by December 31 of 
each year, the Regional Administrator will not issue allocations of CDQ 
groundfish and halibut to that CDQ group for the following calendar 
year.
    (4) Upon final agency action determining that a CDQ group 
representative has not paid the CDQ fee liability due for that CDQ 
group, the Regional Administrator may continue to not issue allocations 
of CDQ groundfish and halibut for that CDQ group for any subsequent 
calendar years until NMFS receives the unpaid fees. If payment is not 
received by the 30th day after the final agency action, the agency may 
pursue collection of the unpaid fees.
    (e) Over payment. Upon issuance of final agency action, payment 
submitted to NMFS in excess of the CDQ fee liability determined to be 
due by the final agency action will be returned to the CDQ group 
representative unless the CDQ group representative requests the agency 
to credit the excess amount against the CDQ group's future CDQ fee 
liability.
    (f) Appeals. A CDQ group representative who receives an IAD for 
incomplete payment of a CDQ fee liability may appeal under the appeals 
procedures set out at 15 CFR part 906.
    (g) Annual report. Each year, NMFS will publish a report describing 
the CDQ Cost Recovery Fee Program for groundfish and halibut.

0
8. In Sec.  679.61,:
0
a. Revise paragraph (c)(1); and
0
b. Add paragraph (e)(1)(vi) to read as follows:


Sec.  679.61  Formation and operation of fishery cooperatives.

* * * * *
    (c) * * *
    (1) What is a designated representative? The designated 
representative is the primary contact person for NMFS on issues 
relating to the operation of the cooperative. Any cooperative formed 
under this section must appoint a designated representative to fulfill 
regulatory requirements on behalf of the cooperative including, but not 
limited to, filing of cooperative contracts, filing of annual reports, 
submitting all cost recovery fees, and in the case of inshore sector 
catcher vessel cooperatives, signing cooperative fishing permit 
applications and completing and submitting inshore catcher vessel 
pollock cooperative catch reports.
* * * * *
    (e) * * *
    (1) * * *
    (vi) List the obligations of members of a cooperative, governed by 
this section, to ensure the full payment of all AFA fee liabilities 
that may be due.
* * * * *

0
9. Add Sec.  679.66 to subpart F to read as follows:


Sec.  679.66  AFA cost recovery.

    (a) Cost recovery fee program for AFA--(1) Who is responsible for 
submitting the fee? (i) The person designated on the AFA inshore 
cooperative permit as the designated representative at the time of a 
Bering Sea pollock landing.
    (ii) The person designated as the representative of the entity 
representing the AFA catcher/processor sector under Sec.  
679.21(f)(8)(i)(C) at the time of a Bering Sea pollock landing.
    (iii) The person designated as the representative of the AFA 
mothership cooperative at the time of a Bering Sea pollock landing.
    (2) Responsibility. (i) Subsequent transfer of AFA permits held by 
cooperative members does not affect the designated representative's 
liability for noncompliance with this section.
    (ii) Changes in the membership in a cooperative, such as members 
joining or departing during the relevant year, or changes in the 
holdings of AFA permits of those members do not affect the designated 
representative's liability for noncompliance with this section.
    (3) Fee collection. Each designated representative (as identified 
under paragraph (a)(1) of this section) is responsible for submitting 
the cost recovery payment for all Bering Sea pollock landings debited 
against the

[[Page 169]]

AFA cooperative's or AFA sector's AFA pollock fishery allocation.
    (4) Payment--(i) Payment due date. The designated representative 
(as identified under paragraph (a)(1) of this section) must submit all 
AFA fee payment(s) to NMFS at the address provided in paragraph 
(a)(4)(iii) of this section no later than December 31 of the calendar 
year in which the Bering Sea pollock landings were made.
    (ii) Payment recipient. Make electronic payment payable to NMFS.
    (iii) Payment address. Submit payment and related documents as 
instructed on the fee submission form. Payments must be made 
electronically through the NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov. Instructions for electronic payment will be 
made available on both the payment Web site and a fee liability summary 
letter mailed to each designated representative.
    (iv) Payment method. Payment must be made electronically in U.S. 
dollars by automated clearing house, credit card, or electronic check 
drawn on a U.S. bank account.
    (b) AFA standard ex-vessel value determination and use--(1) 
General. A designated representative must use the AFA standard price 
determined by NMFS under paragraph (b)(2) of this section.
    (2) AFA standard price--(i) General. Each year the Regional 
Administrator will publish the AFA standard price in the Federal 
Register by December 1 of the year in which the landings were made. The 
AFA standard price will be described in U.S. dollars per AFA pollock 
equivalent pound for Bering Sea pollock landings made by AFA 
cooperative or AFA sector members during the current calendar year.
    (ii) Effective duration. The AFA standard price published by NMFS 
shall apply to all Bering Sea pollock landings made by an AFA 
cooperative or AFA sector member during the current calendar year.
    (iii) Determination. NMFS will calculate the AFA standard price to 
reflect, as closely as possible, the standard price of Bering Sea 
pollock landings based on information provided in the COAR for the 
previous year, as described in Sec.  679.5(p). The Regional 
Administrator will base the AFA standard price on the following 
information:
    (A) Landed pounds of Bering Sea pollock;
    (B) Total ex-vessel value of Bering Sea pollock; and
    (C) Price adjustments, including retroactive payments.
    (c) AFA fee percentages--(1) Established percentages. The AFA fee 
percentages are the amounts as determined by the factors and 
methodology described in paragraph (c)(2) of this section. These 
amounts will be announced by publication in the Federal Register in 
accordance with paragraph (c)(3) of this section. These amounts must 
not exceed 3.0 percent pursuant to 16 U.S.C. 1854(d)(2)(B).
    (2) Calculating fee percentage value. Each year NMFS will calculate 
and publish AFA fee percentages for AFA inshore cooperatives, the AFA 
catcher/processor sector, and the AFA mothership cooperative according 
to the following factors and methodology:
    (i) Factors. NMFS will use the following factors to determine the 
fee percentages:
    (A) The catch to which the AFA pollock cost recovery fee will 
apply;
    (B) The ex-vessel value of that catch; and
    (C) The costs directly related to the management, data collection, 
and enforcement of the AFA directed pollock fisheries.
    (ii) Methodology. NMFS will use the following equations to 
determine the AFA fee percentage: 100 x DPC/V, where:
    (A) DPC = the direct program costs for the directed AFA pollock 
fisheries for the most recent fiscal year (October 1 through September 
30) with any adjustments to the account from payments received in the 
previous year.
    (B) V = total of the standard ex-vessel value of the catch subject 
to the AFA fee liability for the current year.
    (iii) Direct program costs will be calculated separately for:
    (A) AFA inshore cooperatives;
    (B) The AFA catcher/processor sector; and
    (C) The AFA mothership cooperative.
    (3) Publication--(i) General. NMFS will calculate and announce the 
AFA fee percentages in a Federal Register notice by December 1 of the 
year in which the Bering Sea pollock landings were made. AFA fee 
percentages will be calculated separately for the AFA inshore 
cooperatives, the AFA catcher/processor sector, and the AFA mothership 
cooperative. NMFS will calculate the AFA fee percentages based on the 
calculations described in paragraph (c)(2) of this section.
    (ii) Effective period. NMFS will apply the calculated AFA fee 
percentages to all Bering Sea directed pollock landings made between 
January 1 and December 31 of the current year.
    (4) Applicable percentage. A designated representative must use the 
AFA fee percentage applicable at the time a Bering Sea directed pollock 
landing is debited from an AFA pollock fishery allocation to calculate 
the AFA fee liability for any retroactive payments for that landing.
    (5) Fee liability determination. (i) Each AFA inshore cooperative, 
the AFA mothership cooperative, and the AFA catcher/processor sector 
will be subject to an AFA fee liability for any Bering Sea pollock 
debited from its AFA pollock fishery allocation during a calendar year.
    (ii) The AFA fee liability assessed to an AFA inshore cooperative 
will be based on the proportion of the AFA fee liability of Bering Sea 
pollock debited from that AFA inshore cooperative's AFA pollock fishery 
allocation relative to all AFA inshore cooperatives during a calendar 
year as determined by NMFS.
    (iii) The AFA fee liability assessed to the AFA catcher/processor 
sector will be based on the standard ex-vessel value of Bering Sea 
pollock debited from the sector's AFA pollock fishery allocation during 
a calendar year as determined by NMFS.
    (iv) The AFA fee liability assessed to the AFA mothership 
cooperative will be based on the proportion of the standard ex-vessel 
value of Bering Sea pollock debited from the cooperative's AFA pollock 
fishery allocation during a calendar year as determined by NMFS.
    (v) NMFS will provide a fee liability summary letter to each 
designated representative by December 1 of each year. The summary will 
explain the AFA fee liability determination including the current fee 
percentage and details of Bering Sea pollock pounds debited from the 
AFA pollock fishery allocation by permit, species, date, and prices.
    (d) Underpayment of fee liability--(1) No AFA inshore cooperative 
will receive its AFA pollock fishery allocation until the cooperative's 
designated representative submits full payment of the cooperative's AFA 
fee liability.
    (2) The AFA mothership cooperative will not receive its AFA pollock 
fishery allocation until the cooperative's designated representative 
submits full payment of that cooperative's AFA fee liability.
    (3) The AFA catcher/processor sector will not receive its Bering 
Sea pollock allocation until the entity's designated representative 
defined at Sec.  679.21(f)(8)(i)(C) submits full payment of the AFA fee 
liability at the time of a Bering Sea pollock landing, except the 
Regional Administrator may release to the AFA catcher/processor sector 
a portion of the AFA catcher/processor sector's Bering Sea pollock 
allocation

[[Page 170]]

that is equal to the portion of the fee liability submitted by the 
entity's designated representative.
    (4) If the designated representative fails to submit full payment 
for the AFA fee liability by the date described in paragraph (a)(4) of 
this section, the Regional Administrator, at any time thereafter, may 
send an IAD to the designated representative stating that the estimated 
fee liability, based on the information submitted by the designated 
representative, is the AFA fee liability due from the designated 
representative.
    (5) If the designated representative fails to submit full payment 
for the AFA fee liability by the date described at paragraph (a)(4) of 
this section, the Regional Administrator will not issue a Bering Sea 
pollock allocation to that AFA cooperative or AFA sector for the 
following calendar year, except as provided in paragraph (d)(3) of this 
section.
    (6) Upon final agency action determining that the designated 
representative has not submitted the AFA fee liability payment, the 
Regional Administrator may continue to not issue a Bering Sea pollock 
allocation for that AFA cooperative or AFA sector for any subsequent 
calendar years until NMFS receives the unpaid fees. If payment is not 
received by the 30th day after the final agency action, the agency may 
pursue collection of the unpaid fees.
    (e) Over payment. Upon issuance of final agency action, payment 
submitted to NMFS in excess of the AFA fee liability determined to be 
due by the final agency action will be returned to the designated 
representative unless the designated representative requests the agency 
to credit the excess amount against a cooperative's or sector's future 
AFA fee liability.
    (f) Appeals. The designated representative who receives an IAD for 
incomplete payment of an AFA fee liability may appeal under the appeals 
procedures set out at 15 CFR part 906.
    (g) Annual report. Each year, NMFS will publish a report describing 
the AFA Cost Recovery Fee Program.

0
10. Add Sec.  679.67 to subpart F to read as follows:


Sec.  679.67  Aleutian Islands pollock cost recovery.

    (a) Cost recovery fee program for Aleutian Islands pollock--(1) 
Representative. The person identified as the representative, designated 
by the Aleut Corporation, at the time of an Aleutian Islands pollock 
landing is responsible for submitting all cost recovery fees.
    (2) Fee collection. The designated representative (as identified 
under paragraph (a)(1) of this section) is responsible for submitting 
the cost recovery payment for all Aleutian Islands pollock landings 
made under the authority of Aleut Corporation.
    (3) Payment. (i) Payment due date. The designated representative 
(as identified under paragraph (a)(1) of this section) must submit all 
cost recovery fee payment(s) to NMFS at the address provided in 
paragraph (a)(3)(iii) of this section no later than December 31 of the 
calendar year in which the Aleutian Islands pollock landings were made.
    (ii) Payment recipient. Make electronic payment payable to NMFS.
    (iii) Payment address. Submit payment and related documents as 
instructed on the fee submission form. Payments must be made 
electronically through the NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov. Instructions for electronic payment will be 
made available on both the payment Web site and a fee liability summary 
letter mailed to the designated representative of the Aleut 
Corporation.
    (iv) Payment method. Payment must be made electronically in U.S. 
dollars by automated clearing house, credit card, or electronic check 
drawn on a U.S. bank account.
    (b) Aleutian Islands pollock standard ex-vessel value determination 
and use--(1) General. The designated representative of the Aleut 
Corporation must use the Aleutian Islands pollock standard price 
determined by NMFS under paragraph (b)(2) of this section.
    (2) Aleutian Islands pollock standard price--(i) General. Each year 
the Regional Administrator will publish the Aleutian Islands pollock 
standard price in the Federal Register by December 1 of the year in 
which the landings were made. The Aleutian Islands pollock standard 
price will be described in U.S. dollars per Aleutian Islands pollock 
equivalent pound for Aleutian Islands pollock landings during the 
current calendar year.
    (ii) Effective duration. The Aleutian Islands pollock standard 
price published by NMFS shall apply to all Aleutian Islands pollock 
landings during the current calendar year.
    (iii) Determination. NMFS will calculate the Aleutian Islands 
pollock standard price to reflect, as closely as possible, the standard 
price of Aleutian Islands pollock landings based on information 
provided in the COAR for the previous year, as described in Sec.  
679.5(p). The Regional Administrator will base Aleutian Islands pollock 
standard price on the following information:
    (A) Landed pounds of Aleutian Islands pollock;
    (B) Total ex-vessel value of Aleutian Islands pollock; and
    (C) Price adjustments, including retroactive payments.
    (c) Aleutian Islands pollock fee percentage--(1) Established 
percentage. The Aleutian Islands pollock fee percentage is the amount 
as determined by the factors and methodology described in paragraph 
(c)(2) of this section. This amount will be announced by publication in 
the Federal Register in accordance with paragraph (c)(3) of this 
section. This amount must not exceed 3.0 percent pursuant to 16 U.S.C. 
1854(d)(2)(B).
    (2) Calculating fee percentage value. Each year NMFS will calculate 
and publish the fee percentage according to the following factors and 
methodology:
    (i) Factors. NMFS will use the following factors to determine the 
fee percentage:
    (A) The catch to which the Aleutian Islands pollock cost recovery 
fee will apply;
    (B) The ex-vessel value of that catch; and
    (C) The costs directly related to the management, data collection, 
and enforcement of the Aleutian Islands directed pollock fishery.
    (ii) Methodology. NMFS will use the following equations to 
determine the fee percentage: 100 x DPC/V, where:
    (A) DPC = the direct program costs for the Aleutian Islands 
directed pollock fishery for the most recent fiscal year (October 1 
through September 30) with any adjustments to the account from payments 
received in the previous year.
    (B) V = total of the standard ex-vessel value of the catch subject 
to the Aleutian Islands pollock fee liability for the current year.
    (3) Publication--(i) General. NMFS will calculate and announce the 
fee percentage in a Federal Register notice by December 1 of the year 
in which the Aleutian Islands pollock landings were made. NMFS will 
calculate the Aleutian Islands pollock fee percentage based on the 
calculations described in paragraph (c)(2) of this section.
    (ii) Effective period. NMFS will apply the calculated Aleutian 
Islands pollock fee percentage to all Aleutian Islands pollock landings 
made between January 1 and December 31 of the current year.
    (4) Applicable percentage. The designated representative must use 
the Aleutian Islands pollock fee percentage applicable at the time an 
Aleutian Islands pollock landing is debited from the Aleutian Islands 
directed pollock fishery allocation to calculate the Aleutian Islands 
pollock fee liability for any retroactive payments for that pollock.

[[Page 171]]

    (5) Fee liability determination. (i) The Aleut Corporation will be 
subject to a fee for any Aleutian Islands pollock debited from the 
Aleutian Islands directed pollock fishery allocation during a calendar 
year.
    (ii) NMFS will provide a fee liability summary letter to the Aleut 
Corporation by December 1 of each year. The summary will explain the 
fee liability determination including the current fee percentage, and 
details of Aleutian Islands pollock pounds debited from the Aleutian 
Islands directed pollock fishery allocation by permit, species, date, 
and prices.
    (d) Underpayment of fee liability--(1) The Aleut Corporation will 
not receive its Aleutian Islands directed pollock fishery allocation 
until the Aleut Corporation's designated representative submits full 
payment of the Aleut Corporation's cost recovery fee liability.
    (2) If the Aleut Corporation's designated representative fails to 
submit full payment for Aleutian Islands pollock fee liability by the 
date described in paragraph (a)(3) of this section, the Regional 
Administrator may at any time thereafter send an IAD to the Aleut 
Corporation's designated representative stating that the estimated fee 
liability, based on the information submitted by the designated 
representative, is the Aleutian Islands pollock fee liability due from 
the Aleut Corporation.
    (3) If the Aleut Corporation's designated representative fails to 
submit full payment by the Aleutian Islands pollock fee liability 
payment deadline described at paragraph (a)(3) of this section, the 
Regional Administrator will not issue the Aleutian Islands directed 
pollock fishery allocation to the Aleut Corporation for that calendar 
year.
    (4) Upon final agency action determining that the Aleut Corporation 
has not paid its Aleutian Islands pollock fee liability, the Regional 
Administrator may continue to not issue the Aleutian Islands directed 
pollock fishery allocation for any subsequent calendar years until NMFS 
receives the unpaid fees. If payment is not received by the 30th day 
after the final agency action, the agency may pursue collection of the 
unpaid fees.
    (e) Over payment. Upon issuance of final agency action, payment 
submitted to NMFS in excess of the Aleutian Islands pollock fee 
liability determined to be due by the final agency action will be 
returned to the Aleut Corporation unless its designated representative 
requests the agency to credit the excess amount against the 
cooperative's future Aleutian Islands pollock fee liability.
    (f) Appeals. A representative of the Aleut Corporation who receives 
an IAD for incomplete payment of an Aleutian Islands pollock fee may 
appeal under the appeals procedures set out at 15 CFR part 906.
    (g) Annual report. Each year, NMFS will publish a report describing 
the Aleutian Islands Pollock Cost Recovery Fee Program.

0
11. In Sec.  679.91:
0
a. Revise paragraphs (b)(4)(vii) and (h)(3)(xiv); and
0
b. Add paragraph (h)(3)(xx) to read as follows:


Sec.  679.91  Amendment 80 Program annual harvester privileges.

* * * * *
    (b) * * *
    (4) * * *
    (vii) Copy of membership agreement or contract. Attach a copy of 
the membership agreement or contract that includes terms that list:
    (A) How the Amendment 80 cooperative intends to catch its CQ; and
    (B) The obligations of Amendment 80 QS holders who are members of 
an Amendment 80 cooperative to ensure the full payment of Amendment 80 
fee liabilities that may be due.
* * * * *
    (h) * * *
    (3) * * *

------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
                              * * * * * * *
(xiv) Does an Amendment 80          Yes, an Amendment 80 cooperative
 cooperative need a membership       must have a membership agreement or
 agreement or contract?              contract. A copy of this agreement
                                     or contract must be submitted to
                                     NMFS with the application for CQ.
                                     The membership agreement or
                                     contract must specify:
                                    (A) How the Amendment 80 cooperative
                                     intends to catch its CQ; and
                                    (B) The obligations of Amendment 80
                                     QS holders, who are members of an
                                     Amendment 80 cooperative, to ensure
                                     the full payment of Amendment 80
                                     fee liabilities that may be due.
 
                              * * * * * * *
(xx) Is there a requirement that    Yes, see Sec.   679.95 for the
 an Amendment 80 cooperative pay     provisions that apply.
 Amendment 80 cost recovery fees?
------------------------------------------------------------------------

* * * * *

0
12. Add Sec.  679.95 to subpart H to read as follows:


Sec.  679.95  Amendment 80 Program cost recovery.

    (a) Cost recovery fee program for Amendment 80--(1) Who is 
responsible? The person designated as the Amendment 80 cooperative 
representative at the time of an Amendment 80 CQ landing must comply 
with the requirements of this section, notwithstanding:
    (i) Subsequent transfer of Amendment 80 CQ or Amendment 80 QS held 
by Amendment 80 cooperative members;
    (ii) Non-renewal of an Amendment 80 CQ permit; or
    (iii) Changes in the membership in an Amendment 80 cooperative, 
such as members joining or departing during the relevant year, or 
changes in the amount of Amendment 80 QS holdings of those members.
    (2) Fee collection. Each Amendment 80 cooperative representative is 
responsible for submitting the cost recovery payment for Amendment 80 
CQ landings made under the authority of its Amendment 80 CQ permit.
    (3) Payment--(i) Payment due date. An Amendment 80 cooperative 
representative must submit all Amendment 80 fee liability payment(s) to 
NMFS at the address provided in paragraph (a)(3)(iii) of this section 
no later than December 31 of the calendar year in which the Amendment 
80 CQ landings were made.
    (ii) Payment recipient. Make electronic payment payable to NMFS.
    (iii) Payment address. Submit payment and related documents as 
instructed on the fee submission form. Payments must be made 
electronically through the NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov. Instructions for electronic payment will be 
made available on both the payment Web site and a fee liability summary 
letter mailed to the Amendment 80 CQ permit holder.

[[Page 172]]

    (iv) Payment method. Payment must be made electronically in U.S. 
dollars by automated clearing house, credit card, or electronic check 
drawn on a U.S. bank account.
    (b) Amendment 80 standard ex-vessel value determination and use--
(1) General. An Amendment 80 cooperative representative must use the 
Amendment 80 standard prices determined by NMFS under paragraph (b)(2) 
of this section.
    (2) Amendment 80 standard prices--(i) General. Each year the 
Regional Administrator will publish Amendment 80 standard prices in the 
Federal Register by December 1 of the year in which the Amendment 80 
species landings were made. The standard prices will be described in 
U.S. dollars per Amendment 80 equivalent pound for Amendment 80 species 
landings made by Amendment 80 CQ permit holders during the current 
calendar year.
    (ii) Effective duration. The Amendment 80 standard prices published 
by NMFS will apply to all Amendment 80 species landings made by an 
Amendment 80 CQ permit holder during that calendar year.
    (iii) Determination. NMFS will calculate the Amendment 80 standard 
prices for Amendment 80 species based on the following information:
    (A) Pacific cod. NMFS will use the standard prices calculated for 
Pacific cod based on information provided in the Pacific Cod Ex-vessel 
Volume and Value Report described at Sec.  679.5(u)(1).
    (B) Amendment 80 species other than Pacific cod. (1) The Regional 
Administrator will base Amendment 80 standard prices for all Amendment 
80 species other than Pacific cod on the First Wholesale Volume and 
Value reports specified in Sec.  679.5(u)(2).
    (2) The Regional Administrator will establish Amendment 80 standard 
prices for all Amendment 80 species other than Pacific cod on an annual 
basis; except the Regional Administrator will establish a first 
Amendment 80 standard price for rock sole for all landings from January 
1 through March 31, and a second Amendment 80 standard price for rock 
sole for all landings from April 1 through December 31.
    (3) The average first wholesale product prices reported on the 
First Wholesale Volume and Value reports, specified in Sec.  
679.5(u)(2), will be multiplied by 0.4 to obtain a proxy for the ex-
vessel prices of Amendment 80 species other than Pacific cod.
    (c) Amendment 80 fee percentage--(1) Established percentage. The 
Amendment 80 fee percentage is the amount as determined by the factors 
and methodology described in paragraph (c)(2) of this section. This 
amount will be announced by publication in the Federal Register in 
accordance with paragraph (c)(3) of this section. This amount must not 
exceed 3.0 percent pursuant to 16 U.S.C. 1854(d)(2)(B).
    (2) Calculating fee percentage value. Each year NMFS will calculate 
and publish the fee percentage according to the following factors and 
methodology:
    (i) Factors. NMFS will use the following factors to determine the 
fee percentage:
    (A) The catch to which the Amendment 80 cost recovery fee will 
apply;
    (B) The ex-vessel value of that catch; and
    (C) The costs directly related to the management, data collection, 
and enforcement of the Amendment 80 Program.
    (ii) Methodology. NMFS will use the following equations to 
determine the fee percentage: 100 x DPC/V, where:
    (A) DPC = the direct program costs for the Amendment 80 Program for 
the most recent fiscal year (October 1 through September 30) with any 
adjustments to the account from payments received in the previous year.
    (B) V = total of the standard ex-vessel value of the landings 
subject to the Amendment 80 fee liability for the current year.
    (3) Publication--(i) General. NMFS will calculate and announce the 
Amendment 80 fee percentage in a Federal Register notice by December 1 
of the year in which the Amendment 80 landings were made. NMFS will 
calculate the Amendment 80 fee percentage based on the calculations 
described in paragraph (c)(2) of this section.
    (ii) Effective period. NMFS will apply the calculated Amendment 80 
fee percentage to Amendment 80 CQ landings made between January 1 and 
December 31 of the same year.
    (4) Applicable percentage. The Amendment 80 CQ permit holder must 
use the Amendment 80 fee percentage applicable at the time an Amendment 
80 species landing is debited from an Amendment 80 CQ allocation to 
calculate the Amendment 80 fee liability for any retroactive payments 
for that Amendment 80 species.
    (5) Fee liability determination for an Amendment 80 CQ permit 
holder. (i) Each Amendment 80 CQ permit holder will be subject to a fee 
liability for any Amendment 80 species CQ debited from an Amendment 80 
CQ allocation between January 1 and December 31 of the current year.
    (ii) The Amendment 80 fee liability assessed to an Amendment 80 CQ 
permit holder will be based on the proportion of the standard ex-vessel 
value of Amendment 80 species debited from an Amendment 80 CQ permit 
holder relative to all Amendment 80 CQ permit holders during a calendar 
year as determined by NMFS.
    (iii) NMFS will provide a fee liability summary letter to each 
Amendment 80 CQ permit holder by December 1 of each year. The summary 
will explain the fee liability determination including the current fee 
percentage, and details of Amendment 80 species CQ pounds debited from 
Amendment 80 CQ allocations by permit, species, date, and prices.
    (d) Underpayment of fee liability--(1) No Amendment 80 cooperative 
will receive its Amendment 80 CQ until the Amendment 80 CQ permit 
holder submits full payment of an applicant's complete Amendment 80 fee 
liability.
    (2) If an Amendment 80 CQ permit holder fails to submit full 
payment for its Amendment 80 fee by the date described in paragraph 
(a)(3) of this section, the Regional Administrator may:
    (i) At any time thereafter send an IAD to the Amendment 80 
cooperative's representative stating that the Amendment 80 CQ permit 
holder's estimated fee liability, based on information submitted by the 
Amendment 80 cooperative's representative, is the Amendment 80 fee 
liability due from the Amendment 80 CQ permit holder.
    (ii) Disapprove any application to transfer Amendment 80 CQ to or 
from the Amendment 80 CQ permit holder in accordance with Sec.  
679.91(g).
    (3) If an Amendment 80 cooperative representative fails to submit 
full payment by the Amendment 80 fee payment deadline described at 
paragraph (a)(3) of this section:
    (i) The Regional Administrator will not issue a Amendment 80 CQ 
permit to that Amendment 80 cooperative for the following calendar 
year; and
    (ii) The Regional Administrator will not issue Amendment 80 CQ 
based on the Amendment 80 QS held by the members of that Amendment 80 
cooperative to any other CQ permit for that calendar year.
    (4) Upon final agency action determining that an Amendment 80 CQ 
permit holder has not paid his or her Amendment 80 fee, the Regional 
Administrator may continue to not issue an Amendment 80 CQ permit for 
any subsequent calendar years until NMFS receives the unpaid fees. If 
payment is not received by the 30th day after the

[[Page 173]]

final agency action, the agency may pursue collection of the unpaid 
fees.
    (e) Over payment. Upon issuance of final agency action, payment 
submitted to NMFS in excess of the Amendment 80 fee determined to be 
due by the final agency action will be returned to the Amendment 80 
cooperative unless the Amendment 80 cooperative's representative 
requests the agency to credit the excess amount against the Amendment 
80 CQ permit holder's future Amendment 80 fee.
    (f) Appeals. An Amendment 80 cooperative representative who 
receives an IAD for incomplete payment of an Amendment 80 fee may 
appeal under the appeals procedures set out a 15 CFR part 906.
    (g) Annual report. Each year, NMFS will publish a report describing 
the Amendment 80 Cost Recovery Fee Program.

[FR Doc. 2015-33096 Filed 1-4-16; 8:45 am]
 BILLING CODE 3510-22-P