[Federal Register Volume 84, Number 229 (Wednesday, November 27, 2019)]
[Notices]
[Pages 65357-65359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25769]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XY048]


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 percentages.

-----------------------------------------------------------------------

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 2019 is 0.94 percent for the Amendment 
80 Program, 0.23 percent for the AFA inshore cooperatives, 3.0 percent 
for the AIP program, and 0.70 percent for the CDQ groundfish and 
halibut Programs. This action is intended to provide the 2019 standard 
prices and fee percentages to calculate the required payment for cost 
recovery fees due by December 31, 2019.

DATES: The standard prices and fee percentages are valid on November 
27, 2019.

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).

                     Table 1--Standard Ex-Vessel Prices by Species for the 2019 Fishing Year
----------------------------------------------------------------------------------------------------------------
                                                                                                   Standard ex-
                Species                         Gear type                 Reporting period         vessel price
                                                                                                   per pound ($)
----------------------------------------------------------------------------------------------------------------
Arrowtooth flounder...................  All......................  January 1, 2019-October 31,              0.21
                                                                    2019.
Atka mackerel.........................  All......................  January 1, 2019-October 31,              0.26
                                                                    2019.
Flathead sole.........................  All......................  January 1, 2019-October 31,              0.22
                                                                    2019.
Greenland turbot......................  All......................  January 1, 2019-October 31,              0.67
                                                                    2019.
CDQ halibut...........................  Fixed gear...............  October 1, 2019-September 30,            4.30
                                                                    2019.
Pacific cod...........................  Fixed gear...............  January 1, 2019-October 31,              0.45
                                                                    2019.
                                        Trawl gear...............  January 1, 2019-October 31,              0.39
                                                                    2019.
Pacific ocean perch...................  All......................  January 1, 2019-October 31,              0.16
                                                                    2019.
Pollock...............................  All......................  January 1, 2018-December 31,             0.14
                                                                    2018.
Rock sole.............................  All......................  January 1, 2019-March 31,                0.28
                                                                    2019.
                                        All......................  April 1, 2019-October 31,                0.19
                                                                    2019.
Sablefish.............................  Fixed gear...............  October 1, 2018-September 30,            1.98
                                                                    2019.
                                        Trawl gear...............  January 1, 2019-October 31,              0.72
                                                                    2019.
Yellowfin sole........................  All......................  January 1, 2019-October 31,              0.20
                                                                    2019.
----------------------------------------------------------------------------------------------------------------


[[Page 65358]]

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 2019, the 
direct program costs were tracked from October 1, 2018, to September 
30, 2019 (the end of the fiscal year). The individual 2019 fee 
percentages for the Amendment 80 Program and the Western Alaska 
Community Development Quota (CDQ) groundfish and halibut Programs are 
higher relative to percentages calculated for the programs in 2018. The 
2019 percentage for the American Fisheries Act (AFA) Program was 
slightly less than the 2018 percentage, and the 2019 percentage for the 
Aleutian Islands Pollock Program remained the same as 2018.
    NMFS will provide an annual report that summarizes direct program 
costs for each of the programs in early 2020. 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/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. Regulations specify that for rock sole, NMFS shall calculate a 
separate standard price for two periods--January 1 through March 31, 
and April 1 through October 31, which accounts for a substantial 
difference in estimated rock sole prices during the first quarter of 
the year relative to the remainder of the year. 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 2019 
calendar year is 0.94 percent for the Amendment 80 Program. For 2019, 
NMFS applied the fee percentage to each Amendment 80 species landing 
that was debited from an Amendment 80 cooperative quota allocation 
between January 1 and December 31 to calculate the Amendment 80 fee 
liability for each Amendment 80 cooperative. The 2019 fee payments must 
be submitted to NMFS on or before December 31, 2019. 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. In 2019, the cooperative for the inshore sector is 
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 2018 gross 
earnings data to calculate the standard price for 2019 pollock 
landings.
    Under the fee percentage formula described above, the estimated 
percentage of direct program costs to fishery value for the 2019 
calendar year is 0.23 percent for the AFA inshore sector. To calculate 
the 2019 fee liabilities, NMFS applied the respective fee percentages 
to the landings of Bering Sea pollock debited from each cooperative's 
fishery allocation that occurred between January 1 and December 31. The 
2019 fee payments must be submitted to NMFS on or before December 31, 
2019. 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 
2018 gross earnings data to calculate the standard price for 2019 
pollock landings.
    For the 2019 fishing year, the Aleut Corporation selected 
participants to harvest or process the Aleutian Islands directed 
pollock fishery TAC. Some harvest occurred; however, the majority of 
that TAC was eventually reallocated to the Bering Sea directed pollock 
fishery TAC. Due to the small harvest, the estimated percentage of 
direct program costs to fishery value for the 2019 calendar year were 
disproportionately high and well above 3.0 percent. Pursuant to section 
304(d)(2)(B) of the Magnuson-Stevens Act, the fee percentage amount 
must not exceed 3.0 percent. Therefore, the 2019 fee percentage is set 
at 3.0 percent. To calculate the 2019 fee liability, NMFS applied the 
respective fee percentage to the pollock landings attributed to the AIP 
Program that occurred between January 1 and December 31. The 2019 fee 
payments must be submitted to NMFS on or before December 31, 2019. 
Payment must be made in accordance

[[Page 65359]]

with the payment methods set forth in 50 CFR 679.67(a)(3)(iv).

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 sixty-five 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 2019/2020 crab fishing year on August 
22, 2019 (84 FR 43792). 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 2019 
calendar year is 0.70 percent for the CDQ groundfish and halibut 
programs. For 2019, NMFS applied the calculated CDQ fee percentage to 
all CDQ groundfish and halibut landings made between January 1 and 
December 31 to calculate the CDQ fee liability for each CDQ group. The 
2019 fee payments must be submitted to NMFS on or before December 31, 
2019. Payment must be made in accordance with the payment methods set 
forth in 50 CFR 679.33(a)(3)(iv).

    Authority: 16 U.S.C. 1801 et seq.

    Dated: November 22, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-25769 Filed 11-26-19; 8:45 am]
 BILLING CODE 3510-22-P