[Federal Register Volume 74, Number 237 (Friday, December 11, 2009)]
[Notices]
[Pages 65741-65747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29463]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XS16
Fisheries of the Exclusive Economic Zone Off Alaska; North
Pacific Halibut and Sablefish Individual Fishing Quota Cost Recovery
Programs
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notification of standard prices and fee percentage.
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SUMMARY: NMFS publishes individual fishing quota (IFQ) standard prices
for the IFQ cost recovery program in the halibut and sablefish
fisheries of the North Pacific. This action is intended to provide
holders of halibut and sablefish IFQ permits with the 2009 standard
prices and fee percentage to calculate the required payment for IFQ
cost recovery fees due by January 31, 2010.
DATES: Effective December 11, 2009.
FOR FURTHER INFORMATION CONTACT: Troie Zuniga, Fee Coordinator, 907-
586-7231.
SUPPLEMENTARY INFORMATION:
Background
NMFS Alaska Region administers the halibut and sablefish individual
fishing quota (IFQ) programs in the North Pacific. The IFQ programs are
limited access systems authorized by the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) and the Northern
Pacific Halibut Act of 1982. Fishing under the IFQ programs began in
March 1995. Regulations implementing the IFQ program are set forth at
50 CFR part 679.
In 1996, the Magnuson-Stevens Act was amended to, among other
things, require the Secretary of Commerce to ``collect a fee to recover
the actual costs directly related to the management and enforcement of
any individual quota program.'' This requirement was further amended in
2006 to include collection of the actual costs of data collection, and
to replace the reference to ``individual quota program'' with a more
general reference to ``limited access privilege program'' at section
304(d)(2)(A). This section of the Magnuson-Stevens Act also specifies
an upper limit on these fees, when the fees must be collected, and
where the fees must be deposited.
On March 20, 2000, NMFS published regulations implementing the IFQ
cost recovery program (65 FR 14919), which are set forth at Sec.
679.45. Under the regulations, an IFQ permit holder incurs a cost
recovery fee liability for every pound of IFQ halibut and IFQ sablefish
that is landed on his or her IFQ permit(s). The IFQ permit holder is
responsible for self-collecting the fee liability for all IFQ halibut
and IFQ sablefish landings on his or her permit(s). The IFQ permit
holder is also responsible for submitting a fee liability payment to
NMFS on or before the due date of January 31 of the year following the
year in which the IFQ landings were made. The dollar amount of the fee
due is determined by multiplying the annual IFQ fee percentage (3
percent or less) by the ex-vessel value of all IFQ landings made on a
permit and summing the totals of each permit (if more than one).
Standard Prices
The fee liability is based on the sum of all payments made to
fishermen for the sale of the fish during the year. This includes any
retro-payments (e.g., bonuses, delayed partial payments, post-season
payments) made to the IFQ permit holder for previously landed IFQ
halibut or sablefish.
For purposes of calculating IFQ cost recovery fees, NMFS
distinguishes between two types of ex-vessel value: actual and
standard. Actual ex-vessel value is the amount of all compensation,
monetary or non-monetary, that an IFQ permit holder received as payment
for his or her IFQ fish sold. Standard ex-vessel value is the default
value on which to base fee liability calculations. IFQ permit holders
have the option of using actual ex-vessel value if they can
satisfactorily document it; otherwise the standard ex-vessel value is
used.
Regulations at Sec. 679.45(c)(2)(i) require the Regional
Administrator to publish IFQ standard prices during the last quarter of
each calendar year. These standard prices are used, along with
estimates of IFQ halibut and IFQ sablefish landings, to calculate
standard values. The standard prices are described in U.S. dollars per
IFQ equivalent pound for IFQ halibut and IFQ sablefish landings made
during the year. IFQ equivalent pound(s) is the weight (in pounds) for
an IFQ landing, calculated as the round weight for sablefish and headed
and gutted net weight for halibut. NMFS calculates the standard prices
to closely reflect the variations in the actual ex-vessel values of IFQ
halibut and IFQ sablefish landings by month and port or port-group. The
standard prices for IFQ halibut and IFQ sablefish are listed in the
tables that follow the next section. Data from ports are combined as
necessary to protect confidentiality.
Fee Percentage
Section 304(d)(2)(B) of the Magnuson-Stevens Act specifies a
maximum fee of 3 percent of the ex-vessel value of fish harvested under
an IFQ Program. NMFS annually sets a fee percentage for sablefish and
halibut IFQ holders that is based on the actual annual costs associated
with certain management and enforcement functions, as well as the
standard ex-vessel value of the catch subject to the IFQ fee for the
current year. The method used by NMFS to
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calculate the IFQ fee percentage is described at Sec.
679.45(d)(2)(ii).
Regulations at Sec. 679.45(d)(3)(i) require NMFS to publish the
IFQ fee percentage for the halibut and sablefish IFQ fisheries in the
Federal Register during or before the last quarter of each year. For
the 2009 sablefish and halibut IFQ fishing season, an IFQ permit holder
is to use a fee liability percentage of 1.6 to calculate his or her fee
for landed IFQ in pounds. The IFQ permit holder is responsible for
submitting the fee liability payment to NMFS on or before January 31,
2010.
BILLING CODE 3510-22-S
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Authority: 16 U.S.C. 1801 et seq.
Dated: December 4, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E9-29463 Filed 12-10-09; 8:45 am]
BILLING CODE 3510-22-S