Magnuson-Stevens Act Provisions; Fishing Capacity Reduction Program; Pacific Coast Groundfish Fishery; California, Washington, and Oregon Fisheries for Coastal Dungeness Crab and Pink Shrimp, 45695-45700 [05-15643]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 70, Number 151 (Monday, August 8, 2005)]
[Notices]
[Pages 45695-45700]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15643]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 041029298-5209-04; I.D. 052004A]
RIN 0648-AS38


Magnuson-Stevens Act Provisions; Fishing Capacity Reduction 
Program; Pacific Coast Groundfish Fishery; California, Washington, and 
Oregon Fisheries for Coastal Dungeness Crab and Pink Shrimp

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration, Commerce.

ACTION: Notice of fee effective date.

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SUMMARY: NMFS issues this establishing the effective date of fees for 
repaying the $35,662,471 reduction loan financing the Pacific Coast 
groundfish fishing capacity reduction program.

DATES: The groundfish program fee payment collection will begin on 
September 8, 2005.

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

FOR FURTHER INFORMATION CONTACT: Michael L. Grable, (301) 713-2390.

SUPPLEMENTARY INFORMATION:

I. Background

    Sections 312(b)-(e) of the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1861a(b) through (e)) is the general 
authority for 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 authorizes loans financing reduction 
programs.
    Enacted on February 20, 2003, section 212 of Division B, Title II, 
of Public Law 108-7 (section 212) specifically authorizes a fishing 
capacity reduction program for that portion of the limited entry trawl 
fishery under the Pacific Coast Groundfish Fishery Management Plan 
whose permits, excluding those registered to whiting catcher-processors 
are endorsed for trawl gear operation. This is the program's reduction 
fishery.
    The groundfish reduction program's objective was to reduce the 
number of vessels and permits endorsed for the operation of groundfish 
trawl gear. The program also involved corollary fishing capacity 
reduction in the California, Oregon, and Washington fisheries for 
Dungeness crab and pink shrimp. These are the program's fee-share 
fisheries.
    All post-reduction fish landings from the reduction fishery and the 
six fee-share fisheries are subject to the groundfish program's fee. 
The object of this notice is to establish the effective date of the fee 
which fish sellers must pay and fish buyers must collect on all fee 
fish landed from these seven fisheries.
    NMFS implemented the groundfish program by Federal Register 
notification (rather than by the more usual regulatory method). NMFS 
proposed the implementing notice on May 28, 2003 (68 FR 31653) and 
published the final notice on July 18, 2003 (68 FR 42613). Please refer 
to the final notice for groundfish program details.
    NMFS allocated the $35,662,471 reduction loan to the reduction 
fishery and to each of the six fee-share fisheries as follows:
1. Reduction fishery, $28,428,719; and
2. Fee-share fisheries:
    a. California coastal Dungeness crab fishery, $2,334,334,
    b. California pink shrimp fishery, $674,202,
    c. Oregon coastal Dungeness crab fishery, $1,367,545,
    d. Oregon pink shrimp fishery, $2,228,845,
    e. Washington coastal Dungeness crab fishery, $369,426, and
    f. Washington pink shrimp fishery, $259,400.
    Each of these allocations became a reduction loan subamount 
repayable by

[[Page 45696]]

fees from the fishery to which the subamount relates.
    On November 4, 2003, NMFS published another Federal Register 
document (68 FR 62435) advising the public that NMFS would, in one 
month, tender the groundfish program's reduction payments to the 91 
accepted bidders. On December 4, 2003, NMFS required all accepted 
bidders to permanently stop all further fishing with the fishing 
vessels and permits whose fishing privileges they had relinquished in 
return for reduction payments. Subsequently, NMFS:
    1. Disbursed $45,662,471 in reduction payments to 91 accepted 
bidders;
    2. Revoked the relinquished Federal permits;
    3. Advised California, Oregon, and Washington about the 
relinquished state permits or licenses;
    4. Arranged with the National Vessel Documentation Center for 
permanent revocation of the reduction vessels' fishery trade 
endorsements; and
    5. Notified the U.S. Maritime Administration to prohibit placement 
of the reduction vessels under foreign registry or the operational 
authority of foreign countries.
    On November 16, 2004, NMFS published a Federal Register document 
(69 FR 67100) proposing regulations to implement the groundfish 
program's industry fee system.
    In response to public comment about this proposed rule, NMFS 
modified it and published a second proposed rule in the Federal 
Register on April 8, 2005 (70 FR 17949).
    NMFS published in the Federal Register on July 13, 2005 (70 FR 
40225), the final rule to implement the industry fee system for 
repaying the groundfish program's reduction loan. The regulations 
implementing the program are located at Sec.  600.1012 of 50 CFR part 
600's subpart M.

II. Purpose

    This document's purpose is to establish, in accordance with the 
framework rule's Sec.  600.1013(d), the date from and after which the 
fee is effective.

III. Notice

    Groundfish program fee payment and collection will begin on 
September 8, 2005.
    From and after this date, all groundfish program fish sellers must 
pay the groundfish program fee in accordance with the applicable 
regulations.
    From and after this date, all groundfish program fish buyers must 
collect the groundfish program fee in accordance with the applicable 
regulations.
    From and after this date, all groundfish program fish buyers must 
deposit, disburse, record, and report groundfish program fee matters in 
accordance with the applicable regulations.
    The initial fee applicable to the groundfish program's reduction 
fishery and to each of its six fee-share fishery is as follows:

------------------------------------------------------------------------
                     Fishery                             Fee Rate
------------------------------------------------------------------------
Reduction fishery                                           5.00%
California coastal Dungeness crab                           1.24%
California pink shrimp                                      5.00%
Oregon coastal Dungeness crab                               0.55%
Oregon pink shrimp                                          3.75%
Washington coastal Dungeness crab                           0.16%
Washington pink shrimp                                      1.50%
------------------------------------------------------------------------

    Fish sellers and fish buyers must pay and collect the groundfish 
program's fee in the framework rule manner common to all fishing 
capacity reduction programs. Consequently, groundfish program fish 
sellers and fish buyers should read the framework rule's Sec.  600.1013 
to understand how fish sellers must pay, and fish buyers must collect, 
the groundfish program fee.
    Generally, fish buyers must deposit and disburse, and keep records 
and report about, the groundfish program fee in the framework rule 
manner common to all buybacks. Nevertheless, the groundfish program 
rule makes specific changes in the framework rule deposit, 
disbursement, records, and reports requirements. Consequently, 
groundfish program fish buyers should read both the framework rule's 
Sec.  600.1014 and the groundfish program rule's paragraph (i) to 
understand the full deposit, disbursement, records, and reports 
provisions to which the groundfish program's collected fees are 
subject.
    The following table identifies the various 50 CFR Part 600 rules 
involved in or affecting the groundfish program fee:

------------------------------------------------------------------------
                  Description                    Subpart      Section
------------------------------------------------------------------------
Reduction Framework Rule                               L        600.1012
                                                                 through
                                                                600.1016
Groundfish Program Fee Rule                            M        600.1102
------------------------------------------------------------------------

    The applicable framework rule sections involve the following 
reduction loan and fee matters which are common to all reduction 
programs:

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               Section                                                                      Matter
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Section 600.1012                                                                                                                                       Loan obligation, principal amount, interest rate, payment term, and penalties for non-payment and non-collection.
Section 600.1013                                               Fee amount, fee rate, how fish sellers pay the fee, and how fish buyers collect the fee.
Section 600.1014                       How fish buyers deposit collected fees, disburse collected fees to NMFS, keep fee records, and make fee reports.
Section 600.1015                                                                                                                                       Late charges for fee payment, collection, deposit, and/or disbursement.
Section 600.1016                                                                                                NMFS enforcement of all fee provisions.
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    The groundfish program fee rule has only one section (600.1102), 
but all of the section's paragraphs specifically involve or affect the 
groundfish program's reduction loan or the fees which will repay the 
loan. The groundfish program fee rule involves the following reduction 
loan and fee matters specific to the groundfish program fee:

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               Section                                                                      Matter
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(a)                                                                                                                                 The rule's purpose.
(b)                                                                                                            Definition of terms which the rule uses.
(c)                                                                                                                              Reduction loan amount.
(d)                                                       Reduction loan sub-amounts for the reduction fishery and each of the six fee-share fisheries.
(e)                                                                                                                         Interest accrual inception.
(f)                                                                                                                                      Interest rate.
(g)                                                                                                                                     Repayment term.

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(h)                                      Subjection of the groundfish program reduction loan to Sec.   600.1012 of the framework rule and subjection of
                                                                groundfish program fee payment and collection to Sec.   600.1013 of the framework rule.
(i)                                   Subjection of groundfish program fee collection, deposit, disbursement, records, and reports to Sec.   600.1014 of
                                                           the framework rule, except for a specified departures from the Sec.   600.1014 requirements.
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    Although fish sellers and, particularly, all fish buyers should 
carefully read the applicable regulations for full fee payment, 
collection, deposit, disbursement, recording, and reporting 
requirements, the following is a brief and informal synopsis:
    The first ex-vessel fish buyers of fee fish must withhold the fee 
from the trip proceeds which the fish buyers would otherwise have paid 
to the fish sellers who harvested and first sold the fee fish to the 
fish buyers. Fish buyers collect the fee when they withhold it from 
trip proceeds, and fish sellers automatically pay the fee when the fish 
buyers withhold it before paying the net trip proceeds to the fish 
sellers. Fish buyers must calculate the fee to be collected by 
multiplying the applicable fee rate (depending on whether the fee fish 
is from the reduction fishery or from one or more of the six fee-share 
fisheries) times the fee fish's full delivery value. Delivery value is 
the fee fish's full fair market value, including all in-kind 
compensation or other goods or services exchanged in lieu of cash.
    Fish buyers must deposit collected fees not less frequently than at 
the end of each month. The deposit account must be at a Federally 
insured institution. The deposit account may also include the fish 
buyers general operating funds, but only if it separately accounts for 
all collected fees (both in the aggregate and for each of the seven fee 
paying fisheries). Fish buyers may neither pledge nor assign collected 
fee deposits. Fish buyers may not use collected fee deposits for any 
purpose whatsoever other than aggregating them for disbursement to 
NMFS.
    Fish buyers must disburse to NMFS all collected fee deposits not 
less frequently than necessary for NMFS to have received the 
disbursement by the 14th calendar day after the last calendar day of 
each month if the collected fee deposits then total $100 or more. If 
collected fees do not total $100 or more at the time fish buyers must 
disburse them, fish buyers may delay disbursement until either the next 
month in which collected fee deposits exceed $100 or the end of the 
calendar year of deposit (regardless of amount), whichever comes first.
    Fish buyers must accompany each disbursement with a fee collection 
report on NMFS's report form and completed in the manner NMFS 
specifies.
    All fish buyers must maintain for at least three years detailed 
records of fee collection, deposit, and disbursement. along with the 
landing records required to audit fee payment and collection. Paragraph 
(i)(4) of the groundfish program's fee rule (50 CFR 600.1102) specify 
the fee payment and collection records which fish buyers must maintain.
    Fee payment and fee collection are mandatory, and there are 
substantial penalties for failing to pay and collect fees in accordance 
with the applicable regulations. In addition to applying these 
penalties, NMFS will also enforce the collection of all fee payment and 
collection by adding late charges and bring legal actions for 
collection enforcement against any fish seller or fish buyer who fails 
to pay, collect, deposit, and/or disburse the fee in accordance with 
the regulations. NMFS will audit ex-vessel landing records and fish 
buyer records for the purpose of determining and enforcing compliance.
    To provide more accessible services, streamline collections, and 
save taxpayer dollars, fish buyers may disburse collected fee deposits 
to NMFS by using a secure Federal system on the Internet known as 
Pay.gov. Pay.gov enables fish buyers to use either their checking 
accounts or their credit cards to electronically disburse their 
collected fee deposits to NMFS. Fish buyers who have access to the 
Internet should consider using this quick and easy collected fee 
disbursement method. Fish buyers may access Pay.gov by going directly 
to Pay.gov's Federal website at: https://www.pay.gov/paygov/.
    Fish buyers who do not have access to the Internet or who simply do 
not wish to use the Pay.gov electronic system, must disburse their 
collected fee deposits to us by sending their checks to our lockbox. 
Our lockbox's address is:
NOAA Fisheries Pacific Coast Groundfish Buyback
P. O. Box 979059
St. Louis, MO 63197-9000
    Fish buyers' must not forget to include with their disbursements 
the fee collection report applicable to each disbursement. The fee 
collection report tells NMFS how much of the disbursement it must apply 
to each of the seven reduction loan subamounts. Fish buyers using 
Pay.gov will find an electronic fee collection report form to receive 
information and accompany electronic disbursements. Fish buyers who do 
not use Pay.gov must include a hard copy fee collection report with 
each of their disbursements. See the attachment to this notice. Fish 
buyers not using Pay.gov may also access the NMFS website for an Excel 
spreadsheet version of the fee collection report at: https://
www.nmfs.noaa.gov/mb/financial_services/.
    NMFS will, before the fee's effective date, separately mail a copy 
of this notice, along with detailed fee payment, collection, deposit, 
disbursement, recording, and reporting information and guidance, to 
each fish seller and fish buyer of whom NMFS has notice. The fact that 
any fish seller or fish buyer might not, however, receive from NMFS a 
copy of the notice or of the information and guidance does not relieve 
the fish seller or fish buyer from his fee obligations under the 
applicable regulations.
    This action has been determined to be not significant for purposes 
of Executive Order 12866.
    The Assistant Administrator for NMFS, finds that good cause exists 
for this notification to be issued without affording prior notice and 
opportunity for public comment under 5 U.S.C. 553(b)(B) because such 
notification would be unnecessary. Actual notice of the regulatory 
action was provided to, and comments were received from the public 
during the rulemaking process. This action merely establishes the start 
date of the groundfish program's industry fee system which was made 
effective in a previous final rule in accordance with the framework 
rule's Sec.  600.1013(d). No new requirements are implemented by this 
action.
    Because notice and comment are not required under 5 U.S.C. 553, or 
any other law, the analytical requirements of the Regulatory 
Flexibility Act, 5 U.S.C. 601 et seq., are not applicable.
    This action contains collection-of-information requirements subject 
to the Paperwork Reduction Act. The Office of Management and Budget 
(OMB) has approved these information collections under OMB control 
number 0648-0376. NMFS estimates that the public reporting burden for 
these requirements will average:

[[Page 45698]]

    Two hours for submitting a monthly fish buyer fee collection 
report; and
    Two hours for making a fish buyer/fish seller report when one party 
fails to either pay or collect the fee.
    These response estimates include the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
information collection.
    Notwithstanding any other provision of law, no person is required 
to respond to, and no person is subject to a penalty for failure to 
comply with, an information collection subject to the requirements of 
the PRA unless that information collection displays a currently valid 
OMB control number.

    Authority: Pub. L. 107-206, Pub. L. 108-7, 16 U.S.C. 1861a (b-
e), and 50 CFR 600.1000 et seq.

    Dated: August 3, 2005.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
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[FR Doc. 05-15643 Filed 8-5-05; 8:45 am]
BILLING CODE 3510-22-C