Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Tilefish Fishery, 81505-81507 [2010-32691]
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Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations
srobinson on DSKHWCL6B1PROD with RULES
despite having the lowest associated
impact on small entities.
Through this final rule, NMFS
implements the summer flounder, scup,
and black sea bass TALs contained in
Alternative 1 (summer flounder, 29.48
million lb (13,372 mt); scup, 20.0
million lb (9,072 mt); and black sea
bass, 3.6 million lb (1,633 mt)), the
Council’s preferred alternatives, which
consist of the quota alternatives that
pair the lowest economic impacts to
small entities and meet the required
objectives of the FMP and the
Magnuson-Stevens Act. Relative to
2010, the 2011 commercial quotas and
recreational harvest measures in this
action would result in the following
TAL changes for the commercial and
recreational sectors:
(1) A 33.2-percent increase for
summer flounder;
(2) A 41.7-percent increase for scup;
and
(3) A 2.7-percent reduction for black
sea bass.
The respective TALs contained in
Alternative 1 for all three species were
selected because they satisfy NMFS’s
obligation to implement specifications
that are consistent with the goals,
objectives, and requirements of the
FMP, its implementing regulations, and
the Magnuson-Stevens Act. The F rates
associated with the TALs for all three
species all have very low likelihoods of
causing overfishing to occur in 2011.
TAL Alternative 1 for summer flounder
is also projected to provide the
necessary continued stock rebuilding to
achieve the SSBMSY by the rebuilding
period ending date of January 1, 2013.
The revenue decreases associated
with allocating a portion of available
catch to the RSA program are expected
to be minimal, and are expected to yield
important benefits associated with
improved fisheries data. It should also
be noted that fish harvested under the
RSA program can be sold, and the
profits used to offset the costs of
research. As such, total gross revenues
to the industry are not expected to
decrease substantially, if at all, as a
result of this final rule authorizing RSA
for 2011.
Small Entity Compliance Guide
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
the rule, and shall designate such
publications as ‘‘small entity compliance
guides.’’ The agency shall explain the
actions a small entity is required to take
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18:14 Dec 27, 2010
Jkt 223001
to comply with a rule or group of rules.
As part of this rulemaking process, a
small entity compliance guide will be
sent to all holders of Federal permits
issued for the summer flounder, scup,
and black sea bass fisheries. In addition,
copies of this final rule and guide (i.e.,
permit holder letter) are available from
NMFS (see ADDRESSES) and at the
following Web site: https://
www.nero.noaa.gov.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 21, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2010–32656 Filed 12–27–10; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 101116568–0608–01]
RIN 0648–BA42
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Tilefish
Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Interim final rule, request for
comments.
AGENCY:
NMFS issues this interim
final rule to amend the cost recovery
regulations implementing the Tilefish
Fishery Management Plan (FMP) to
require the first year cost-recovery fee
percentage to be calculated based on the
best estimate of the actual costs
associated with the management, data
collection and analysis, and
enforcement of the individual fishing
quota (IFQ) allocation program (not to
exceed 3 percent), rather than to be set
at the statutory maximum 3 percent of
the ex-vessel value of tilefish landings.
DATES: This rule is effective December
28, 2010. Written comments must be
received no later than 5 p.m. eastern
standard time, on January 27, 2011.
ADDRESSES: This document and other
supporting material are available online
at https://www.regulations.gov or https://
www.nero.nmfs.gov. You may submit
comments, identified by RIN number
0648–BA42, by any of the following
methods:
SUMMARY:
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81505
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking portal https://
www.regulations.gov.
• Fax: (978) 281–9135, Attn:
Christopher Biegel.
• Mail: Patricia A. Kurkul, Regional
Administrator, NMFS, Northeast
Regional Office, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the
outside of the envelope: ‘‘Comments on
Tilefish Cost-Recovery Regulatory
Amendment.’’
Instructions: All comments received
are part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit confidential business
information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments. Attachments to electronic
comments will be accepted via
Microsoft Word, Microsoft Excel,
WordPerfect, or Adobe PDF file formats
only.
FOR FURTHER INFORMATION CONTACT:
Christopher Biegel, Fishery
Management Specialist, phone (978)
281–9112.
SUPPLEMENTARY INFORMATION:
Background
Limited access privilege programs
(LAPPs) are a management tool
authorized under section 303A of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) that allow a
permit holder exclusive harvest of a
portion of the total allowable catch of a
fishery, but does not confer any right or
title to any fish before the fish is
harvested by the holder. An IFQ is a
form of LAPP where the harvest permit
is issued to an individual. Cost-recovery
for LAPPs is mandated by section
304(d)(2) of the Magnuson-Stevens Act,
which states that ‘‘the Secretary * * *
shall collect a fee to recover the actual
costs directly related to the
management, data collection, and
enforcement of any limited access
privilege program.’’
The tilefish fishery is managed by the
Mid-Atlantic Fishery Management
Council (Council) through the Tilefish
FMP. The final rule implementing
Amendment 1 to the FMP (74 FR 42580,
August 24, 2009) established an IFQ
program which included the required
cost-recovery provisions.
Fees are collected to recover the costs
associated with management, data
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Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations
collection and analysis, and
enforcement of IFQ programs.
Amendment 1 provides that NMFS shall
determine a cost-recovery fee percentage
for the tilefish fishery (not to exceed the
statutory maximum of 3 percent) by
calculating all the expenditures that are
directly related to the management, data
collection and analysis, and
enforcement of the tilefish IFQ program
for each fee period (calendar year) and
then dividing that total by the total exvessel value of all tilefish landings from
dealer reports for the same time period.
The resulting percentage is used to
calculate the individual tilefish IFQ fees
for each fee period. This fee calculation
has not been changed from the method
detailed in the final rule implementing
Amendment 1. Tilefish IFQ allocation
permit holders are responsible for
paying the fee, which is based on the
value of landings of tilefish authorized
under his/her tilefish IFQ allocation
permit.
When cost-recovery fees have been
assessed, IFQ allocation permit holders
have 45 days from the date of the bill
to submit payment to NMFS. Costrecovery payments are made
electronically via the Federal Web
portal, https://www.pay.gov. Electronic
payment options include payment via a
credit card, or via direct automated
clearing house (ACH) withdrawal from
a designated checking account.
This interim final rule changes the
language of the tilefish cost recovery
regulations at 50 CFR 648.291(h)(1)
pertaining to the first year cost-recovery
billing period fee. NMFS initially set the
fee at a statutory maximum of 3 percent
of the total ex-vessel value of all
landings under each permanent IFQ
allocation permit, including landings of
allocation that is leased for the first
year, with any over charges to be
credited against cost-recovery fees
assessed in subsequent years. NMFS
implemented this provision because
NMFS expected that the information
necessary to calculate the actual
recoverable costs would not be available
prior to sending out recovery fee
statements for the first fee period. Using
recently available information on the
amount of actual costs incurred and the
value of landings to date during the first
year of the IFQ program, NMFS has
estimated that using a fee of 3 percent
could over charge tilefish allocation
holders as much as 10 times their actual
fee liability. This would constitute an
unnecessary and excessive fee to the
affected industry and, as such, would be
contrary to the public interest. The new
regulations require the first year fee
percentage to be calculated based on the
best estimate of the actual costs
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18:14 Dec 27, 2010
Jkt 223001
associated with the management, data
collection and analysis, and
enforcement of the IFQ allocation
program (not to exceed 3 percent).
Classification
The Administrator, North East Region,
NMFS, determined that the FMP costrecovery regulatory amendment is
necessary for the conservation and
management of the tilefish fishery and
that it is consistent with the MagnusonStevens Fishery Conservation and
Management Act and other applicable
laws.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), the
Assistant Administrator for Fisheries,
NOAA, finds good cause to waive prior
notice and opportunity for additional
public comment for this action because
any delay of this action would be
unnecessary, impracticable, and
contrary to the public interest. This
amendment includes revisions that
make only minor, non-substantive
changes in order to avoid imposing
unnecessarily high fees on tilefish IFQ
holders. The regulatory provisions that
this rule modify had set the costrecovery fee for the first year at 3
percent of landed value of tilefish which
is the maximum allowed by the
Magnuson-Stevens Act. NMFS
established this fee because NMFS
expected that the information necessary
to calculate the actual fee for the first
year would be unavailable as the costrecovery fee bills must be mailed near
the end of the fee period. However, the
information necessary to calculate the
actual cost-recovery fee has recently
become available, so NMFS has been
able make the calculation before the end
of the fee period. The actual fees
calculated were significantly less than
the 3 percent of landed value of tilefish.
Also, although fee payment overages are
credited against cost-recovery fees
assessed in subsequent years, there is a
concern that some fishermen may leave
the fishery and not be able to recover
their fee payment overage as there is no
mechanism in the regulations that
allows for such a repayment. Soliciting
prior public comment on, and delaying
the effective date of this rule, could
prevent NMFS from billing IFQ holders
for the actual cost-recovery fees and
impose an unnecessary burden on the
industry.
Moreover, pursuant to 5 U.S.C.
553(d), the Assistant Administrator
finds good cause to waive the 30-day
delay in effective date for the reasons
given above.
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Because prior notice and opportunity
for public comment are not required for
this rule by 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 inapplicable.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: December 21, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 648 is amended
as follows:
■
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.291, paragraph (h)(1) is
revised to read as follows:
■
§ 648.291
Individual fishing quota.
*
*
*
*
*
(h) * * *
(1) NMFS determination of the total
annual recoverable costs of the tilefish
IFQ program. The Regional
Administrator shall determine the costs
associated with the management, data
collection and analysis, and
enforcement of the IFQ allocation
program. The recoverable costs will be
divided by the amount of the total exvessel value of all tilefish IFQ landings
during the cost-recovery billing period
to derive a percentage. IFQ allocation
permit holders will be assessed a fee
based on this percentage times the total
ex-vessel value of all landings under
their permanent IFQ allocation permit,
including landings of allocation that is
leased. This fee shall not exceed 3
percent of the total value of tilefish
landings of the IFQ Allocation permit
holder. If NMFS determines that the
costs associated with the management,
data collection and analysis, and
enforcement of the IFQ allocation
program exceed 3 percent of the total
value of tilefish landings, only 3 percent
are recoverable.
(i) Valuation of IFQ Allocation. The
3-percent limitation on cost-recovery
fees shall be based on the ex-vessel
value of landed allocation. The exvessel value for each pound of tilefish
landed by an IFQ allocation holder shall
be determined from Northeast Federal
dealer reports submitted to NMFS,
which contain the price per pound at
the time of dealer purchase.
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*
(ii) [Reserved]
*
*
*
*
[FR Doc. 2010–32691 Filed 12–27–10; 8:45 am]
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]]>Agencies
[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Rules and Regulations]
[Pages 81505-81507]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32691]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 101116568-0608-01]
RIN 0648-BA42
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Tilefish
Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim final rule, request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this interim final rule to amend the cost recovery
regulations implementing the Tilefish Fishery Management Plan (FMP) to
require the first year cost-recovery fee percentage to be calculated
based on the best estimate of the actual costs associated with the
management, data collection and analysis, and enforcement of the
individual fishing quota (IFQ) allocation program (not to exceed 3
percent), rather than to be set at the statutory maximum 3 percent of
the ex-vessel value of tilefish landings.
DATES: This rule is effective December 28, 2010. Written comments must
be received no later than 5 p.m. eastern standard time, on January 27,
2011.
ADDRESSES: This document and other supporting material are available
online at https://www.regulations.gov or https://www.nero.nmfs.gov. You
may submit comments, identified by RIN number 0648-BA42, by any of the
following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking portal https://www.regulations.gov.
Fax: (978) 281-9135, Attn: Christopher Biegel.
Mail: Patricia A. Kurkul, Regional Administrator, NMFS,
Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA
01930. Mark the outside of the envelope: ``Comments on Tilefish Cost-
Recovery Regulatory Amendment.''
Instructions: All comments received are part of the public record
and will generally be posted to https://www.regulations.gov without
change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit confidential business information or
otherwise sensitive or protected information.
NMFS will accept anonymous comments. Attachments to electronic
comments will be accepted via Microsoft Word, Microsoft Excel,
WordPerfect, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Christopher Biegel, Fishery Management
Specialist, phone (978) 281-9112.
SUPPLEMENTARY INFORMATION:
Background
Limited access privilege programs (LAPPs) are a management tool
authorized under section 303A of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) that allow a
permit holder exclusive harvest of a portion of the total allowable
catch of a fishery, but does not confer any right or title to any fish
before the fish is harvested by the holder. An IFQ is a form of LAPP
where the harvest permit is issued to an individual. Cost-recovery for
LAPPs is mandated by section 304(d)(2) of the Magnuson-Stevens Act,
which states that ``the Secretary * * * shall collect a fee to recover
the actual costs directly related to the management, data collection,
and enforcement of any limited access privilege program.''
The tilefish fishery is managed by the Mid-Atlantic Fishery
Management Council (Council) through the Tilefish FMP. The final rule
implementing Amendment 1 to the FMP (74 FR 42580, August 24, 2009)
established an IFQ program which included the required cost-recovery
provisions.
Fees are collected to recover the costs associated with management,
data
[[Page 81506]]
collection and analysis, and enforcement of IFQ programs. Amendment 1
provides that NMFS shall determine a cost-recovery fee percentage for
the tilefish fishery (not to exceed the statutory maximum of 3 percent)
by calculating all the expenditures that are directly related to the
management, data collection and analysis, and enforcement of the
tilefish IFQ program for each fee period (calendar year) and then
dividing that total by the total ex-vessel value of all tilefish
landings from dealer reports for the same time period. The resulting
percentage is used to calculate the individual tilefish IFQ fees for
each fee period. This fee calculation has not been changed from the
method detailed in the final rule implementing Amendment 1. Tilefish
IFQ allocation permit holders are responsible for paying the fee, which
is based on the value of landings of tilefish authorized under his/her
tilefish IFQ allocation permit.
When cost-recovery fees have been assessed, IFQ allocation permit
holders have 45 days from the date of the bill to submit payment to
NMFS. Cost-recovery payments are made electronically via the Federal
Web portal, https://www.pay.gov. Electronic payment options include
payment via a credit card, or via direct automated clearing house (ACH)
withdrawal from a designated checking account.
This interim final rule changes the language of the tilefish cost
recovery regulations at 50 CFR 648.291(h)(1) pertaining to the first
year cost-recovery billing period fee. NMFS initially set the fee at a
statutory maximum of 3 percent of the total ex-vessel value of all
landings under each permanent IFQ allocation permit, including landings
of allocation that is leased for the first year, with any over charges
to be credited against cost-recovery fees assessed in subsequent years.
NMFS implemented this provision because NMFS expected that the
information necessary to calculate the actual recoverable costs would
not be available prior to sending out recovery fee statements for the
first fee period. Using recently available information on the amount of
actual costs incurred and the value of landings to date during the
first year of the IFQ program, NMFS has estimated that using a fee of 3
percent could over charge tilefish allocation holders as much as 10
times their actual fee liability. This would constitute an unnecessary
and excessive fee to the affected industry and, as such, would be
contrary to the public interest. The new regulations require the first
year fee percentage to be calculated based on the best estimate of the
actual costs associated with the management, data collection and
analysis, and enforcement of the IFQ allocation program (not to exceed
3 percent).
Classification
The Administrator, North East Region, NMFS, determined that the FMP
cost-recovery regulatory amendment is necessary for the conservation
and management of the tilefish fishery and that it is consistent with
the Magnuson-Stevens Fishery Conservation and Management Act and other
applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for
Fisheries, NOAA, finds good cause to waive prior notice and opportunity
for additional public comment for this action because any delay of this
action would be unnecessary, impracticable, and contrary to the public
interest. This amendment includes revisions that make only minor, non-
substantive changes in order to avoid imposing unnecessarily high fees
on tilefish IFQ holders. The regulatory provisions that this rule
modify had set the cost-recovery fee for the first year at 3 percent of
landed value of tilefish which is the maximum allowed by the Magnuson-
Stevens Act. NMFS established this fee because NMFS expected that the
information necessary to calculate the actual fee for the first year
would be unavailable as the cost-recovery fee bills must be mailed near
the end of the fee period. However, the information necessary to
calculate the actual cost-recovery fee has recently become available,
so NMFS has been able make the calculation before the end of the fee
period. The actual fees calculated were significantly less than the 3
percent of landed value of tilefish. Also, although fee payment
overages are credited against cost-recovery fees assessed in subsequent
years, there is a concern that some fishermen may leave the fishery and
not be able to recover their fee payment overage as there is no
mechanism in the regulations that allows for such a repayment.
Soliciting prior public comment on, and delaying the effective date of
this rule, could prevent NMFS from billing IFQ holders for the actual
cost-recovery fees and impose an unnecessary burden on the industry.
Moreover, pursuant to 5 U.S.C. 553(d), the Assistant Administrator
finds good cause to waive the 30-day delay in effective date for the
reasons given above.
Because prior notice and opportunity for public comment are not
required for this rule by 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 inapplicable.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: December 21, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR part 648 is amended as
follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.291, paragraph (h)(1) is revised to read as follows:
Sec. 648.291 Individual fishing quota.
* * * * *
(h) * * *
(1) NMFS determination of the total annual recoverable costs of the
tilefish IFQ program. The Regional Administrator shall determine the
costs associated with the management, data collection and analysis, and
enforcement of the IFQ allocation program. The recoverable costs will
be divided by the amount of the total ex-vessel value of all tilefish
IFQ landings during the cost-recovery billing period to derive a
percentage. IFQ allocation permit holders will be assessed a fee based
on this percentage times the total ex-vessel value of all landings
under their permanent IFQ allocation permit, including landings of
allocation that is leased. This fee shall not exceed 3 percent of the
total value of tilefish landings of the IFQ Allocation permit holder.
If NMFS determines that the costs associated with the management, data
collection and analysis, and enforcement of the IFQ allocation program
exceed 3 percent of the total value of tilefish landings, only 3
percent are recoverable.
(i) Valuation of IFQ Allocation. The 3-percent limitation on cost-
recovery fees shall be based on the ex-vessel value of landed
allocation. The ex-vessel value for each pound of tilefish landed by an
IFQ allocation holder shall be determined from Northeast Federal dealer
reports submitted to NMFS, which contain the price per pound at the
time of dealer purchase.
[[Page 81507]]
(ii) [Reserved]
* * * * *
[FR Doc. 2010-32691 Filed 12-27-10; 8:45 am]
BILLING CODE 3510-22-P
