[Federal Register Volume 77, Number 221 (Thursday, November 15, 2012)]
[Notices]
[Pages 68106-68107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27820]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC352
Second Fishing Capacity Reduction Program for the Longline
Catcher Processor Subsector of the Bering Sea and Aleutian Islands Non-
Pollock Groundfish Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Department of Commerce.
ACTION: Notice of reduction payment tender and industry fee collection
system effective date.
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SUMMARY: The FY 2005 Appropriations Act (the Appropriations Act)
authorized a capacity reduction program for the Longline Catcher
Processor Subsector of the Bering Sea and Aleutian Islands non-pollock
groundfish fishery (Reduction Fishery). Pursuant to this authorization,
the Freezer Longline Conservation Cooperative (FLCC) conducted the bid
selection process and submitted a reduction plan to NMFS to purchase a
single latent permit within the Reduction Fishery. On September 24,
2012, the National Marine Fisheries Service published regulations for
the second fishing capacity reduction program for this Reduction
Fishery. NMFS conducted a successful referendum approving the reduction
loan repayment fees of $2,700,000 which post-reduction harvesters will
repay over a 30-year period. Accordingly, NMFS is preparing to tender a
reduction payment to the accepted bidder and implement an industry fee
collection system to repay the loan.
DATES: The public has until December 17, 2012 to inform NMFS of any
holding, owning, or retaining claims that conflict with the
representations of bids as presented by the FLCC. Fee collection will
begin on January 1, 2013.
ADDRESSES: Send comments about this notice to Paul Marx, Chief,
Financial Services Division, NMFS, Attn: Second Non-Pollock Groundfish
Longline Catcher Processor Buyback, 1315 East-West Highway, Silver
Spring, MD 20910 (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Michael A. Sturtevant at (301) 427-
8799, fax (301) 713-1306, or [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
In 2007, NMFS approved and implemented a $35.7 million fishing
capacity reduction loan program for the Longline Catcher Processor
Subsector, which represented the full amount authorized for that
subsector of the $75 million authorized for the entire BSAI non-pollock
groundfish fishery. The initial program removed three fishing vessels
and 12 fishing licenses and permits for a loan amount of $35 million.
All long-line catcher processors harvesting non-pollock groundfish were
required to pay and forward a fee to NMFS to repay the loan. The
original fee assessment was $0.02 per pound caught with payment and
collection beginning on October 24, 2007. That rate has since been
reduced to $0.0145 per pound.
None of the other BSAI non-pollock groundfish subsectors have
expressed an interest in implementing a capacity reduction program for
their subsector. A provision in the Appropriations Act permits the
Secretary of Commerce to make available any of the unused loan amounts,
originally allocated for each subsector, for capacity reduction
programs in any of the subsectors after January 1, 2009.
Members of the BSAI Longline Catcher Processor Subsector informed
NMFS that they wished to access the remaining loan amounts to undertake
a second buyback. To implement this next buyback, the FLCC on behalf of
the Reduction Fishery was required by the Appropriations Act to draft
and submit a Reduction Plan to NMFS. On August 27, 2010, the FLCC
submitted a Reduction Plan to access $2.7 million of the total
remaining $39,105,450 funds to purchase a single latent permit.
NMFS published proposed program regulations on July 30, 2012 (77 FR
44572), and final program regulations on September 24, 2012 (77 FR
58775), to implement the second reduction program. Interested persons
should review these for further program details.
II. Present Status
NMFS conducted a referendum to determine the industry's willingness
to repay a fishing capacity reduction loan to purchase the permit
identified in the reduction plan. NMFS mailed ballots to 37 holders of
record of LLP licenses in the fishery who were eligible to vote in the
referendum. The voting period opened on October 24, 2012, and closed on
November 7, 2012. NMFS received 32 timely and valid votes; all 32 of
the votes approved the fees. This exceeded majority of permit holders
(19) required for industry fee system approval. Consequently, the
referendum was successful and permit holders approved the industry fee
system. Accordingly, the reduction contract is in full force and effect
and NMFS is preparing to tender and disburse a reduction payment to the
selected bidder.
III. Reduction Payment Tender
NMFS publishes this notice to inform the public before tendering
the reduction payment to Permit Holding LLC (the selected bidder), for
LLP license LLG2085 with area endorsements for Bering Sea Catcher/
Processor Hook and Longline and Aleutian Islands Catcher/Processor Hook
and Longline. NMFS will tender the reduction payment on or about
December 17, 2012. When NMFS tenders the reduction payment to Permit
Holding LLC, the selected bidder must permanently stop all further
fishing with the reduction permit it has relinquished. The selected
bidder, in accordance with section 5 of the relinquishment contract,
must notify all creditors or other parties with security interests in
the reduction permit.
This notice provides the public (including creditors or other
parties) 30 days from publication of this notice to advise NMFS in
writing of any holding, owning, or retaining claims that conflict with
the representations of the bid as presented by the FLCC.
IV. Fee System Effective Date
This notice also establishes the reduction loan repayment fee's
effective date in accordance with subpart M to 50 CFR 600.1108. The
second BSAI non-pollock groundfish longline catcher processor program
fee payment and
[[Page 68107]]
collection will begin on January 1, 2013. Starting on this date,
additional fees will be assessed and collected on all harvested Pacific
cod, including that used for bait or discarded, on all members of this
subsector. The initial fee applicable to this second loan in the BSAI
longline program's reduction fishery is $0.001 per pound. Subsector
members must pay and collect the fee in the manner set out in 50 CFR
600.1108 and the framework rule. Consequently, all subsector members
may wish to read subpart L to 50 CFR 600.1013 to understand how fish
harvesters must pay and fish buyers must collect the fee.
Dated: November 9, 2012.
Dana Flowerlake,
Acting Deputy Director, Office of Management and Budget, National
Marine Fisheries Service.
[FR Doc. 2012-27820 Filed 11-14-12; 8:45 am]
BILLING CODE 3510-22-P