[Federal Register Volume 78, Number 30 (Wednesday, February 13, 2013)]
[Pages 10135-10136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03350]



National Oceanic and Atmospheric Administration

RIN 0648-XC485

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, Commerce.

ACTION: Notice of fee rate adjustment.


SUMMARY: NMFS issues this notice to decrease the fee rate for the non-
pollock groundfish fishery to repay the $35,000,000 reduction loan to 
finance the non-pollock groundfish fishing capacity reduction program.

DATES: The non-pollock groundfish program fee rate decrease is 
effective January 1, 2013.

ADDRESSES: Send questions about this notice to Paul Marx, Chief, 
Financial Services Division, National Marine Fisheries Service, 1315 
East-West Highway, Silver Spring, MD 20910-3282.



I. Background

    Sections 312(b)-(e) of the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1861a(b) through (e)) generally authorize 
fishing capacity reduction programs. In particular, section 312(d) 
authorizes industry fee systems for repaying reduction loans which 
finance reduction program costs.
    Subpart L of 50 CFR part 600 is the framework rule generally 
implementing section 312(b)-(e).
    Sections 1111 and 1112 of the Merchant Marine Act, 1936 (46 App. 
U.S.C. 1279f and 1279g) generally authorize reduction loans.
    Enacted on December 8, 2004, section 219, Title II, of FY 2005 
Appropriations Act, Public Law 104-447 (Act) authorizes a fishing 
capacity reduction program implementing capacity reduction plans 
submitted to NMFS by catcher processor subsectors of the Bering Sea and 
Aleutian Islands (``BSAI'') non-pollock groundfish fishery (``reduction 
fishery'') as set forth in the Act.
    The longline catcher processor subsector (the ``Longline 
Subsector'') is among the catcher processor subsectors eligible to 
submit to NMFS a capacity reduction plan under the terms of the Act.
    The longline subsector non-pollock groundfish reduction program's 
objective was to reduce the number of vessels and permits endorsed for 
longline subsector of the non-pollock groundfish fishery.
    All post-reduction fish landings from the reduction fishery are 
subject to the longline subsector non-pollock groundfish program's fee.
    NMFS proposed the implementing notice on August 11, 2006 (71 FR 
46364), and published the final notice on September 29, 2006 (71 FR 
    NMFS allocated the $35,000,000 reduction loan (A loan) to the 
reduction fishery and this loan is repayable by fees from the fishery.

[[Page 10136]]

    On September 24, 2007, NMFS published in the Federal Register (72 
FR 54219), the final rule to implement the industry fee system for 
repaying the non-pollock groundfish program's reduction loan and 
established October 24, 2007, as the effective date when fee collection 
and loan repayment began. The regulations implementing the program are 
located at Sec.  600.1012 of 50 CFR part 600's subpart M.
    NMFS published, in the Federal Register on November 2, 2009 (74 FR 
56592), a notice to decrease the A Loan fee rate to $0.016 per pound 
effective January 1, 2010. On November 12, 2010, NMFS published a 
notice (75 FR 69401) to decrease the fee rate to $0.015 per pound, 
effective January 1, 2011. NMFS published a notice on November 30, 2011 
(76 FR 74048) to further decrease the fee rate once more to $0.0145 per 
pound effective January 1, 2012.
    NMFS published a final rule to implement a second $2,700,000 
reduction loan (B loan) for this fishery in the Federal Register on 
September 24, 2012 (77 FR 58775). The loan was disbursed December 18, 
2012 with fee collection of $0.001 per pound to begin January 1, 2013. 
This fee is in addition to the A Loan fee.

II. Purpose

    The purpose of this notice is to adjust the fee rate for the 
reduction fishery in accordance with the framework rule's Sec.  
600.1013(b). Section 600.1013(b) directs NMFS to recalculate the fee to 
a rate that will be reasonably necessary to ensure reduction loan 
repayment within the specified 30 year term.
    NMFS has determined for the reduction fishery that the current fee 
rate of $0.0145 per pound is more than is needed to service the A loan. 
Therefore, NMFS is decreasing the fee rate to $0.0111 per pound which 
NMFS has determined is sufficient to ensure timely loan repayment. The 
fee rate for the B loan will remain $0.001 per pound.
    Subsector members may continue to use Pay.gov to disburse collected 
fee deposits at: http://www.pay.gov/ paygov/.
    Please visit the NMFS Web site for additional information at: 

III. Notice

    The new fee rate for the non-pollock Groundfish fishery is 
effective January 1, 2013.
    From and after this date, all subsector members paying fees on the 
non-pollock groundfish fishery shall begin paying non-pollock 
groundfish fishery program fees at the revised rate. Any over-payments 
of landings made using the previous higher fee rate will be credited to 
future landings.
    Fee collection and submission shall follow previously established 
methods in Sec.  600.1013 of the framework rule and in the final fee 
rule published in the Federal Register on September 24, 2007 (72 FR 

    Authority:  The authority for this action is Public Law 108-447, 
16 U.S.C. 1861a (b-e), and 50 CFR 600.1000 et seq.

    Dated: February 7, 2013.
Gary Reisner,
Director, Office of Management and Budget, National Marine Fisheries 
[FR Doc. 2013-03350 Filed 2-12-13; 8:45 am]