[Federal Register Volume 81, Number 228 (Monday, November 28, 2016)]
[Notices]
[Pages 85522-85524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28598]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF037


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

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

ACTION: Notice of standard prices and fee percentage.

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SUMMARY: NMFS publishes standard prices and fee percentages for cost 
recovery for the Amendment 80 Program, the American Fisheries Act (AFA) 
Program, the Aleutian Islands Pollock (AIP) Program, and the Western 
Alaska Community Development Quota (CDQ) groundfish and halibut 
Programs. The fee percentage for 2016 is 0.37 percent for the Amendment 
80 Program, 0.10 percent for the AFA inshore cooperatives, 0.10 percent 
for the AFA catcher/processor sector, 0.17 percent for the AFA 
mothership cooperative, 0 percent for the AIP program, and 0.29 percent 
for the CDQ groundfish and halibut Programs. This action is intended to 
provide the 2016 standard prices and fee percentages to calculate the 
required payment for cost recovery fees due by December 31, 2016.

DATES: Effective November 28, 2016.

FOR FURTHER INFORMATION CONTACT: Carl Greene, Fee Coordinator, 907-586-
7105.

SUPPLEMENTARY INFORMATION: 

Background

    Section 304(d) of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) authorizes and requires the 
collection of cost recovery fees for limited access privilege programs 
and the CDQ Program. Cost recovery fees recover the actual costs 
directly related to the management, data collection, and enforcement of 
the programs. Section 304(d) of the Magnuson-Stevens Act mandates that 
cost recovery fees not exceed three percent of the annual ex-vessel 
value of fish harvested by a program subject to a cost recovery fee, 
and that the fee be collected either at the time of landing, filing of 
a landing report, or sale of such fish during a fishing season or in 
the last quarter of the calendar year in which the fish is harvested.
    NMFS manages the Amendment 80 Program, AFA Program, and AIP Program 
as limited access privilege programs. On January 5, 2016, NMFS 
published a final rule to implement cost recovery for these three 
limited access privilege programs and the CDQ groundfish and halibut 
programs (81 FR 150). The designated representative (for the purposes 
of cost recovery) for each program is responsible for submitting the 
fee payment to NMFS on or before the due date of December 31 of the 
year in which the landings were made. The total dollar amount of the 
fee due is determined by multiplying the NMFS published fee percentage 
by the ex-vessel value of all landings under the program made during 
the fishing year. NMFS publishes this notice of the fee percentages for 
the Amendment 80, AFA, AIP, and CDQ groundfish and halibut fisheries in 
the Federal Register by December 1 each year.

Standard Prices

    The fee liability is based on the ex-vessel value of fish harvested 
in each program. For purposes of calculating cost recovery fees, NMFS 
calculates a standard ex-vessel price (standard price) for each 
species. A standard price is determined using information on landings 
purchased (volume) and ex-vessel value paid (value). For most 
groundfish species, NMFS annually summarizes volume and value 
information for landings of all fishery species subject to cost 
recovery in order to estimate a standard price for each species. The 
standard prices are described in U.S. dollars per pound for landings 
made during the year. The standard prices for all species in the 
Amendment 80, AFA, AIP, and CDQ groundfish and halibut programs are 
listed in Table 1. Each landing made under each program is multiplied 
by the appropriate standard price to arrive at an ex-vessel value for 
each landing. These values are summed together to arrive at the ex-
vessel value of each program (fishery value).

Fee Percentage

    NMFS calculates the fee percentage each year according to the 
factors and methods described in Federal regulations at 50 CFR 
679.33(c)(2), 679.66(c)(2), 679.67(c)(2), and 679.95(c)(2). NMFS 
determines the fee percentage that applies to landings made during the 
year by dividing the total costs directly related to the management, 
data collection, and enforcement of each program (direct program costs) 
during the year by the fishery value. NMFS captures direct program 
costs through an established accounting system that allows staff to 
track labor, travel, contracts, rent, and procurement. For 2016, the 
direct program costs were tracked from February 4, 2016 (the effective 
date of the rule), to September 30, 2016 (the end of the fiscal year). 
In subsequent years, direct program costs will be calculated based on a 
full fiscal year. NMFS will provide an annual report that summarizes 
direct program costs for each of the programs in early 2017. NMFS 
calculates the fishery value as described under the section ``Standard 
Prices.''

Amendment 80 Program Standard Prices and Fee Percentage

    The Amendment 80 Program allocates total allowable catches (TACs) 
of groundfish species, other than Bering Sea pollock, to identified 
trawl catcher/

[[Page 85523]]

processors in the Bering Sea and Aleutian Islands (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. Participants in the Amendment 80 
sector have established cooperatives to harvest these allocations. Each 
Amendment 80 cooperative is responsible for payment of the cost 
recovery fee for fish landed under the Amendment 80 Program. Cost 
recovery requirements for the Amendment 80 Program are at 50 CFR 
679.95.
    For most Amendment 80 species, NMFS annually summarizes volume and 
value information for landings of all fishery species subject to cost 
recovery in order to estimate a standard price for each fishery 
species. For rock sole, NMFS calculates a separate standard price for 
two periods--January 1 through March 31, and April 1 through October 
31. The volume and value information is obtained from the First 
Wholesale Volume and Value Report, and the Pacific Cod Ex-Vessel Volume 
and Value Report.
    Using the fee percentage formula described above, the estimated 
percentage of direct program costs to fishery value for the 2016 
calendar year is 0.37 percent for the Amendment 80 Program. For 2016, 
NMFS applied the fee percentage to each Amendment 80 species landing 
that was debited from an Amendment 80 cooperative quota allocation 
between February 4 and December 31 to calculate the Amendment 80 fee 
liability for each Amendment 80 cooperative. The 2016 fee payments must 
be submitted to NMFS on or before December 31, 2016. Payment must be 
made in accordance with the payment methods set forth in 50 CFR 
679.95(a)(3)(iv).

AFA Standard Price and Fee Percentages

    The AFA allocates the Bering Sea directed pollock fishery TAC to 
three sectors--catcher/processor, mothership, and inshore. Each sector 
has established cooperatives to harvest the sector's exclusive 
allocation. These cooperatives are responsible for paying the fee for 
Bering Sea pollock landed under the AFA. Cost recovery requirements for 
the AFA sectors are at 50 CFR 679.66.
    NMFS calculates the standard price for pollock using the most 
recent annual value information reported to the Alaska Department of 
Fish & Game for the Commercial Operator's Annual Report and compiled in 
the Alaska Commercial Fisheries Entry Commission Gross Earnings data 
for Bering Sea pollock. Due to the time required to compile the data, 
there is a one-year delay between the gross earnings data year and the 
fishing year to which it is applied. For example, NMFS used 2015 gross 
earnings data to calculate the standard price for 2016 pollock 
landings.
    Using the fee percentage formula described above, the estimated 
percentage of direct program costs to fishery value for the 2016 
calendar year is 0.10 percent for the AFA inshore sector, 0.10 percent 
for the AFA catcher/processor sector, and 0.17 percent for the AFA 
mothership sector. For 2016, NMFS applied the fee percentage to each 
AFA inshore cooperative, AFA mothership cooperative, and AFA catcher/
processor sector landing of Bering Sea pollock debited from its AFA 
pollock fishery allocation between February 4 and December 31 to 
calculate the AFA fee liability for each AFA cooperative. The 2016 fee 
payments must be submitted to NMFS on or before December 31, 2016. 
Payment must be made in accordance with the payment methods set forth 
in 50 CFR 679.66(a)(4)(iv).

AIP Program Standard Price and Fee Percentage

    The AIP 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 its designated 
representative for harvesting the Aleutian Islands directed pollock 
fishery TAC. The same individual is responsible for the submission of 
all cost recovery fees for pollock landed under the AIP Program. Cost 
recovery requirements for the AIP Program are at 50 CFR 679.67.
    NMFS calculates the standard price for pollock using the most 
recent annual value information reported to the Alaska Department of 
Fish & Game for the Commercial Operator's Annual Report and compiled in 
the Alaska Commercial Fisheries Entry Commission Gross Earnings data 
for Aleutian Islands pollock. Due to the time required to compile the 
data, there is a one-year delay between the gross earnings data year 
and the fishing year to which it is applied. For example, NMFS used 
2015 gross earnings data to calculate the standard price for 2016 
pollock landings.
    For the 2016 fishing year, the Aleut Corporation did not select any 
participants to harvest or process the Aleutian Islands directed 
pollock fishery TAC, and most of that TAC was reallocated to the Bering 
Sea directed pollock fishery TAC. Using the fee percentage formula 
described above, the estimated percentage of direct program costs to 
fishery value for the 2016 calendar year is 0 percent for the AIP 
Program.

CDQ Standard Price and Fee Percentage

    The CDQ Program was implemented in 1992 to provide access to BSAI 
fishery resources to villages located in Western Alaska. 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. NMFS implemented a CDQ cost recovery program for the BSAI crab 
fisheries in 2005 (70 FR 10174, March 2, 2005) and published the cost 
recovery fee percentage for the 2016/2017 crab fishing year on July 14, 
2016 (81 FR 45458). This notice provides the cost recovery fee 
percentage for the CDQ groundfish and halibut programs. Each CDQ group 
is subject to cost recovery fee requirements for landed groundfish and 
halibut, and the designated representative of each CDQ group is 
responsible for submitting payment for their CDQ group. Cost recovery 
requirements for the CDQ Program are at 50 CFR 679.33.
    For most CDQ groundfish species, NMFS annually summarizes volume 
and value information for landings of all fishery species subject to 
cost recovery in order to estimate a standard price for each fishery 
species. The volume and value information is obtained from the First 
Wholesale Volume and Value Report and the Pacific Cod Ex-Vessel Volume 
and Value Report. For CDQ halibut and fixed-gear sablefish, NMFS 
calculates the standard prices using information from the Individual 
Fishing Quota (IFQ) Ex-Vessel Volume and Value Report, which collects 
information on both IFQ and CDQ volume and value.
    Using the fee percentage formula described above, the estimated 
percentage of direct program costs to fishery value for the 2016 
calendar year is 0.29 percent for the CDQ groundfish and halibut 
programs. For 2016, NMFS applied the calculated CDQ fee percentage to 
all CDQ groundfish and halibut landings made between February 4 and 
December 31 to calculate the CDQ fee liability for each CDQ group. The 
2016 fee payments must be submitted to NMFS on or before December 31, 
2016. Payment must be

[[Page 85524]]

made in accordance with the payment methods set forth in 50 CFR 
679.33(a)(3)(iv).

                     Table 1--Standard Ex-Vessel Prices by Species for the 2016 Fishing Year
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                                                                                                   Standard  ex-
                                                                                                   vessel  price
                Species                         Gear type                 Reporting period          per  pound
                                                                                                        ($)
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Arrowtooth flounder...................  All......................  February 4, 2016-October 31,            $0.21
                                                                    2016.
Atka mackerel.........................  All......................  February 4, 2016-October 31,             0.26
                                                                    2016.
Flathead sole.........................  All......................  February 4, 2016-October 31,             0.20
                                                                    2016.
Greenland turbot......................  All......................  February 4, 2016-October 31,             0.46
                                                                    2016.
CDQ halibut...........................  Fixed gear...............  October 1, 2015-September 30,            6.02
                                                                    2016.
Pacific cod...........................  Fixed gear...............  February 4, 2016-October 31,             0.29
                                                                    2016.
                                        Trawl gear...............  February 4, 2016-October 31,             0.26
                                                                    2016.
Pacific ocean perch...................  All......................  February 4, 2016-October 31,             0.19
                                                                    2016.
Pollock...............................  All......................  January 1, 2015-December 31,             0.15
                                                                    2015.
Rock sole.............................  All......................  February 4, 2016-March 31,               0.18
                                                                    2016.
                                        All......................  April 1, 2016-October 31,                0.14
                                                                    2016.
Sablefish.............................  Fixed gear...............  October 1, 2015-September 30,            5.11
                                                                    2016.
                                        Trawl gear...............  February 4, 2016-October 31,             1.08
                                                                    2016.
Yellowfin sole........................  All......................  February 4, 2016-October 31,             0.14
                                                                    2016.
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    Authority: 16 U.S.C. 1801 et seq.

    Dated: November 22, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-28598 Filed 11-25-16; 8:45 am]
 BILLING CODE 3510-22-P