[Federal Register Volume 77, Number 145 (Friday, July 27, 2012)]
[Notices]
[Page 44216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18403]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC118
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands Crab Rationalization Cost Recovery Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notification of fee percentage.
-----------------------------------------------------------------------
SUMMARY: NMFS publishes a notification of a zero (0) percent fee for
cost recovery under the Bering Sea and Aleutian Islands Crab
Rationalization Program. This action is intended to provide holders of
crab allocations with the fee percentage for the 2012/2013 crab fishing
year.
DATES: Fee liability payments made by the Crab Rationalization Program
Registered Crab Receiver permit holders, if necessary, are due to NMFS
on or before July 31, 2013.
FOR FURTHER INFORMATION CONTACT: Karen Palmigiano, 907-586-7240.
SUPPLEMENTARY INFORMATION:
Background
NMFS Alaska Region administers the Bering Sea and Aleutian Islands
Crab Rationalization Program (Program) in the North Pacific. Fishing
under the Program began on August 15, 2005. Regulations implementing
the Program are set forth at 50 CFR part 680.
The Program is a limited access system authorized by section 313(j)
of the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act). The Program includes a cost recovery provision
to collect fees to recover the actual costs directly related to the
management, data collection, and enforcement of the Program. NMFS
developed the cost recovery provision to conform to statutory
requirements and to partially reimburse the agency for the unique added
costs of management, data collection, and enforcement of the Program.
Section 313(j) of the Magnuson-Stevens Act provided supplementary
authority to section 304(d)(2)(A) and additional detail for cost
recovery provisions specific to the Program. The cost recovery
provision allows collection of 133 percent of the actual management,
data collection, and enforcement costs up to 3 percent of the ex-vessel
value of crab harvested under the Program. Additionally, section 313(j)
requires the harvesting and processing sectors to each pay half the
cost recovery fees. Catcher/processor quota share holders are required
to pay the full fee percentage for crab processed at sea.
A crab allocation holder generally incurs a cost recovery fee
liability for every pound of crab landed. The crab allocations include
Individual Fishing Quota, Crew Individual Fishing Quota, Individual
Processing Quota, Community Development Quota, and the Adak community
allocation. The Registered Crab Receiver (RCR) permit holder must
collect the fee liability from the crab allocation holder who is
landing crab. Additionally, the RCR permit holder must collect his or
her own fee liability for all crab delivered to the RCR. The RCR permit
holder is responsible for submitting this payment to NMFS on or before
the due date of July 31, in the year following the crab fishing year in
which landings of crab were made.
The dollar amount of the fee due is determined by multiplying the
fee percentage (not to exceed 3 percent) by the ex-vessel value of crab
debited from the allocation. Specific details on the Program's cost
recovery provision may be found in the implementing regulations set
forth at Sec. 680.44.
Fee Percentage
Each year, NMFS calculates and publishes in the Federal Register
the fee percentage according to the factors and methodology described
in Federal regulations at Sec. 680.44(c)(2). The formula for
determining the fee percentage is the ``direct program costs'' divided
by ``value of the fishery,'' where ``direct program costs'' are the
direct program costs for the Program for the previous fiscal year, and
``value of the fishery'' is the ex-vessel value of the catch subject to
the crab cost recovery fee liability for the current year. Fee
collections for any given year may be less than, or greater than, the
actual costs and fishery value for that year, because, by regulation,
the fee percentage is established in the first quarter of a crab
fishery year based on the fishery value and the costs of the prior
year.
The fee percentage has declined over time because of a variety of
factors, including the increasing value of the fishery due to increased
total allowable catch limits for various crab species such as Bristol
Bay red king crab (Paralithodes camtshaticus) and Bering Sea snow crab
(Chionoecetes opilio), increased ex-vessel price per pound of crab
relative to previous years, and decreased management costs relative to
previous years primarily due to decreased staff and contract costs.
Using the fee percentage formula described above, the estimated
percentage of costs to value for the 2010/2011 and 2011/2012 crab
fishing years was 2.67 percent and 1.23 percent, respectively. These
fee levels have resulted in a fee collection greater than the actual
management, data collection, and enforcement costs for the 2010/2011
and 2011/2012 crab fishing years. Therefore, fee revenues remain to
cover projected actual costs for 2012/2013. As a result, NMFS has
determined that the fee percentage will be zero (0) percent for the
2012/2013 fishing year.
Authority: 16 U.S.C. 1862; Pub. L. 109-241; Pub. L. 109-479.
Dated: July 24, 2012.
James P. Burgess,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2012-18403 Filed 7-26-12; 8:45 am]
BILLING CODE 3510-22-P