Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Trawl Rationalization Program; 2017 Cost Recovery, 95966-95968 [2016-31624]
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95966
Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices
The meeting is open to the public;
however, during the ‘‘SARC Report
Writing’’ sessions on February 22nd and
23rd, the public should not engage in
discussion with the SARC.
Special Accommodations
This meeting is physically accessible
to people with disabilities. Special
requests should be directed to Sheena
Steiner at the NEFSC, 508–495–2177, at
least 5 days prior to the meeting date.
Dated: December 20, 2016.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2016–31087 Filed 12–28–16; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XF120
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
Trawl Rationalization Program; 2017
Cost Recovery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; 2017 cost recovery fee
percentages and mothership (MS)
pricing.
AGENCY:
This action provides
participants in the Pacific coast
groundfish trawl rationalization
program with the 2017 fee percentages
and ‘‘MS pricing’’ needed to calculate
the required payments for trawl
rationalization program cost recovery
fees due in 2017. It also provides a
redetermination of previous years’ fees.
For calendar year 2017, NMFS
announces the following fee percentages
by sector: 3.0 percent for the Shorebased
Individual Fishing Quota (IFQ) Program,
0 percent for the MS Coop Program, 0
percent for the Catcher/Processer (C/P)
Coop Program. For 2017, the MS pricing
to be used as a proxy by the C/P Coop
Program is: $0.08/lb for Pacific whiting.
DATES: Effective January 1, 2017.
FOR FURTHER INFORMATION CONTACT:
Christopher Biegel, Cost Recovery
Program Coordinator, (503) 231–6291,
fax (503) 872–2737, email
Christopher.Biegel@NOAA.gov.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Fishery
Conservation and Management Act
(MSA) requires NMFS to collect fees to
asabaliauskas on DSK3SPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:41 Dec 28, 2016
Jkt 241001
recover the costs directly related to the
management, data collection, and
enforcement of a limited access
privilege program (LAPP) (16 U.S.C.
1854(d)(2)), also called ‘‘cost recovery.’’
The Pacific coast groundfish trawl
rationalization program is a LAPP,
implemented in 2011, and consists of
three sectors: The Shorebased IFQ
Program, the MS Coop Program, and the
C/P Coop Program. In accordance with
the MSA, and based on a recommended
structure and methodology developed in
coordination with the Pacific Fishery
Management Council, NMFS began
collecting mandatory fees of up to three
percent of the ex-vessel value of
groundfish from each sector
(Shorebased IFQ Program, MS Coop
Program, and C/P Coop Program) in
2014. NMFS collects the fees to recover
the incremental costs of management,
data collection, and enforcement of the
trawl rationalization program.
Additional background can be found in
the cost recovery proposed and final
rules, 78 FR 7371 (February 1, 2013) and
78 FR 75268 (December 11, 2013),
respectively. The details of cost
recovery for the groundfish trawl
rationalization program are in regulation
at 50 CFR 660.115 (trawl fishery cost
recovery program), § 660.140
(Shorebased IFQ Program), § 660.150
(MS Coop Program), and § 660.160 (C/P
Coop Program).
By December 31 of each year, NMFS
must announce the next year’s fee
percentages, and the applicable MS
pricing for the C/P Coop Program.
NMFS calculated the 2017 fee
percentages by sector using the best
available information. In addition,
NMFS revisited the methodology used
to determine the direct program costs
(DPC) attributable to each sector for
fiscal years 2013, 2014, and 2015.
NMFS’ redetermination of the DPCs for
those fiscal years resulted in a decrease
in the DPCs used to determine the fee
percentages for calendar years 2014,
2015, and 2016. For 2017, the fee
percentages by sector, taking into
account the redetermined DPCs and any
adjustments, are:
• 3.0 percent for the Shorebased IFQ
Program,
• 0 percent for the MS Coop Program,
• 0 percent for the C/P Coop Program.
To calculate the fee percentages,
NMFS used the formula specified in
regulation at § 660.115(b)(1), where the
fee percentage by sector equals the
lower of three percent or DPC for that
sector divided by total ex-vessel value
(V) for that sector multiplied by 100
(Fee percentage = the lower of 3 percent
or (DPC/V) × 100).
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
‘‘DPC,’’ as defined in the regulations
at § 660.115(b)(1)(i), are the actual
incremental costs for the previous fiscal
year directly related to the management,
data collection, and enforcement of each
sector (Shorebased IFQ Program, MS
Coop Program, and C/P Coop Program).
Actual incremental costs means those
net costs that would not have been
incurred but for the implementation of
the trawl rationalization program,
including both increased costs for new
requirements of the program and
reduced costs resulting from any
program efficiencies. NMFS only
included the cost of employees’ time
(salary and benefits) spent working on
the program in calculating DPC rather
than all incremental costs of
management, data collection, and
enforcement. NMFS is still evaluating
how to incorporate additional costs and
may, in coordination with the Pacific
Fishery Management Council, do so in
the future.
‘‘V’’, as specified at § 660.115(b)(1)(ii),
is the total ex-vessel value, as defined at
§ 660.111, for each sector from the
previous calendar year. To calculate
‘‘V’’ for use in determining 2017 fee
percentages, NMFS used the ex-vessel
value for 2015 as reported in Pacific
Fisheries Information Network (PacFIN)
from electronic fish tickets. The
electronic fish ticket data in PacFIN is
for the Shorebased IFQ Program.
Therefore, the ex-vessel value for both
the MS Coop Program and the C/P Coop
Program is a proxy based on the
Shorebased IFQ Program ex-vessel price
and on the retained catch estimates
(weight) from the observer data for the
MS and C/P Coop Programs.
Ex-vessel values and amounts landed
each year fluctuate, and the amount
NMFS collects each year in cost
recovery fees also fluctuate accordingly.
When the cost recovery fees collected by
NMFS are greater or less than the actual
net incremental costs incurred for a
given year, the fee percentage for the
following year will be adjusted as
specified at § 660.115(b)(1)(i).
Redetermination of Past DPCs
On August 10, 2016, the U.S. Court of
Appeals for the Ninth Circuit issued its
opinion in Glacier Fish Co. LLC v.
Pritzker, 832 F.3d 1113 (9th Cir. 2016),
a case involving a challenge to NMFS’
authority to recover cost recovery fees
from members of the C/P Coop Program
and the reasonableness of NMFS’
calculation of the C/P Coop Program’s
2014 fee percentage. The court upheld
NMFS’ authority to recover cost
recovery fees from members of the C/P
Coop Program because the C/P coop
permit is a limited access privilege and
E:\FR\FM\29DEN1.SGM
29DEN1
Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices
Glacier Fish Co. and other C/P coop
members are reasonably considered a
‘‘holder’’ of that privilege. The court
also concluded that NMFS’ cost
recovery regulations were consistent
with statutory requirements. However,
the court held that the calculation of the
2014 CP Coop Program fee was
inconsistent with NMFS’ cost recovery
regulations and the court remanded to
NMFS to re-determine the 2014 fee.
In response, NMFS has reevaluated
and modified the methodology used to
determine the C/P Coop Program’s DPC
for the 2014 fee calculation. The
redetermination of the C/P Coop
Program’s 2014 fee also took into
consideration discussions with Glacier
Fish Co. and other representatives of C/
P Coop members with respect to what
costs should be considered actual
incremental costs. One key change to
the C/P Coop program’s 2014 fee is the
elimination of all time that was
originally coded as ‘‘general’’ time and
split evenly among the three sectors.
Additional costs that NMFS determined
to be more appropriately categorized as
non-incremental were also removed.
NMFS also made some adjustments to
ensure contractor and employee time
was appropriately distributed among the
sectors to reflect the actual incremental
costs. Finally, NMFS elected to apply a
similar revised methodology for all
sectors for all years, resulting in a
reduction in each sector’s DPCs.
However, the Shorebased IFQ Program
DPC remained above the 3 percent cap.
NMFS’ internal process for
categorizing and tracking employee time
in the trawl rationalization program has
been refined over the years. For
example, the use of the ‘‘general’’ time
coding option was phased out by the
West Coast Region and, with the
exception of limited use by the
Northwest Fisheries Science Center, was
no longer used as of fiscal year 2015.
NMFS will continue its efforts to ensure
that employee time is only tracked for
time spent on tasks that would not have
been incurred but for the
implementation of the trawl
rationalization program, taking into
account reduced costs resulting from
any program efficiencies. A comparison
of the original DPCs and the
recalculated DPCs is below.
Initial DPC
(excluding
adjustments)
Shorebased IFQ Program:
2014 ......................................................................................................................................................
2015 ......................................................................................................................................................
2016 ......................................................................................................................................................
2017 ......................................................................................................................................................
MS Coop Program:
2014 ......................................................................................................................................................
2015 ......................................................................................................................................................
2016 ......................................................................................................................................................
2017 ......................................................................................................................................................
C/P Coop Program:
2014 ......................................................................................................................................................
2015 ......................................................................................................................................................
2016 ......................................................................................................................................................
2017 ......................................................................................................................................................
The DPC values used to determine the
2017 fee percentages reflect the
redetermined DPCs and any adjustments
95967
Redetermined
DPC
(excluding
adjustments)
$1,877,752.00
2,028,859.04
2,339,529.95
2,021,490.55
$1,599,610.25
1,936,907.83
1,887,535.24
N/A
274,936.05
233,300.78
291,144.05
167,549.51
77,659.47
129,565.98
185,814.34
N/A
176,460.05
158,631.88
184,267.26
63,448.85
12,931.29
40,487.70
45,080.17
N/A
for past over or under payment. The
adjustments can be seen here:
2014
DPC
IFQ .............................................................................................................................
MS ..............................................................................................................................
CP ..............................................................................................................................
Fees
$1,599,610.25
77,659.47
12,931.29
$1,356,285.28
347,450.65
350,387.25
Adjustment
N/A
¥$269,791.18
¥337,455.96
2015
DPC
asabaliauskas on DSK3SPTVN1PROD with NOTICES
IFQ ...........................................................................................
MS ............................................................................................
CP ............................................................................................
$1,936,907.83
129,565.98
40,487.70
DPC w/adjustment
Fees
N/A
¥$140,225.20
¥296,968.26
$1,260,450.63
94,467.65
0.00
Adjustment
N/A
¥$234,692.85
¥296,968.26
2016
DPC
IFQ ...........................................................................................
MS ............................................................................................
CP ............................................................................................
VerDate Sep<11>2014
18:41 Dec 28, 2016
Jkt 241001
PO 00000
Frm 00012
$1,887,535.24
185,814.34
45,080.17
Fmt 4703
Sfmt 4703
DPC w/adjustment
N/A
¥$48,878.51
¥251,888.09
E:\FR\FM\29DEN1.SGM
Fees
(est)
$1,561,574.00
379,731.00
0.00
29DEN1
Adjustment
(est)
N/A
¥$428,609.51
¥251,888.09
95968
Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices
2017
DPC
IFQ ...............................................................................................................................................................
MS ................................................................................................................................................................
CP ................................................................................................................................................................
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Based on total fees paid to date and
estimated fees received in 2016, the
adjusted DPCs for 2017 are:
Shorebased IFQ Program: $2,021,490.55
MS Coop Program: ¥$261,060.01
C/P Coop Program: ¥$188,439.24
And the fee calculations using the
adjusted 2017 DPCs are:
Shorebased IFQ Program: 3.0 percent =
the lower of 3 percent or
($2,021,490.55/$41,605,012.42) ×
100
MS Coop Program: ¥6.0 percent = the
lower of 3 percent or
¥$261,060.01/$4,373,922.34) × 100
C/P Coop Program: ¥1.7 percent = the
lower of 3 percent or
(¥$188,439.24/$11,120,803.07) ×
100
As a fee cannot be set using a negative
percentage, the 2017 fee percentages for
the MS Coop Program and the C/P Coop
Program will be set at 0.0 percent.
MS pricing is the average price per
pound that the C/P Coop Program will
use to determine their fee amount due
(MS pricing multiplied by the value of
the aggregate pounds of all groundfish
species harvested by the vessel
registered to a C/P-endorsed limited
entry trawl permit, multiplied by the C/
P fee percentage, equals the fee amount
due). In past years, MS pricing was
based on the average price per pound of
Pacific whiting as reported in PacFIN
from the Shorebased IFQ Program. In
other words, data from the IFQ fishery
was used as a proxy for the MS average
price per pound to determine the ‘‘MS
pricing’’ used in the calculation for the
C/P sector’s fee amount due. For 2017
MS pricing, NMFS used values derived
from those reported on the MS Coop
Program cost recovery form from
calendar year 2015 as this was
determined to be the best information
available. NMFS has calculated the 2017
MS pricing to be used as a proxy by the
C/P Coop Program as: $0.08/lb for
Pacific whiting.
Cost recovery fees are submitted to
NMFS by Fish buyers via Pay.gov
(https://www.pay.gov/paygov/). Fish
buyers registered with Pay.gov can login
in the upper left-hand corner of the
screen. Fish buyers not registered with
Pay.gov can go to the cost recovery
forms directly from the Web site below.
Click on the link to Pacific Coast
VerDate Sep<11>2014
18:41 Dec 28, 2016
Jkt 241001
Groundfish Cost Recovery for your
sector (IFQ, MS, or C/P): https://
www.pay.gov/public/search/
global?searchString=pacific+
cost+recovery&formToken=4e5bc6b46ba8-4db4-9850-e73756a06775.
As stated in the preamble to the cost
recovery proposed and final rules, in the
spring of each year, NMFS will release
an annual report documenting the
details and data used for the above
calculations. The report will include
information such as the fee percentage
calculation, program costs, and exvessel value by sector. Annual reports
are available at: https://www.westcoast.
fisheries.noaa.gov/fisheries/groundfish_
catch_shares/rules_regulations/cost
recovery.html.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 23, 2016.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2016–31624 Filed 12–28–16; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: National Oceanic and
Atmospheric Administration (NOAA).
Title: Natural Resource Damage
Assessment Restoration Project
Information Sheet.
OMB Control Number: 0648–0497.
Form Number(s): None.
Type of Request: Regular (extension of
a currently approved information
collection).
Number of Respondents: 47.
Average Hours Per Response: Reports,
20 minutes; updates; 10 minutes.
Burden Hours: 37.
Needs and Uses: This request is for an
extension of a currently approved
information collection.
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
DPC w/adjustment
$2,021,490.55
167,549.51
63,448.85
N/A
¥$261,060.01
¥188,439.24
The purpose of this information
collection is to assist state and federal
Natural Resource Trustees in more
efficiently carrying out the restoration
planning phase of Natural Resource
Damage Assessments (NRDA), in
compliance with the National
Environmental Policy Act (NEPA) of
1969, 42 U.S.C. 4321–4370d; 40 CFR
1500–1500 and other federal and local
statutes and regulations as applicable.
The NRDA Restoration Project
Information Sheet is designed to
facilitate the collection of information
on existing, planned, or proposed
restoration projects. This information
will be used by the Natural Resource
Trustees to develop potential restoration
alternatives for natural resource injuries
and service losses requiring restoration,
during the restoration planning phase of
the NRDA process.
Affected Public: State, local, or tribal
governments; individuals or
households; business or other for-profits
organizations; not-for-profit institutions;
farms; and the federal government.
Frequency: Annually and on occasion.
Respondent’s Obligation: Voluntary.
This information collection request
may be viewed at reginfo.gov. Follow
the instructions to view Department of
Commerce collections currently under
review by OMB.
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to OIRA_Submission@
omb.eop.gov or fax to (202) 395–5806.
Dated: December 23, 2016.
Sarah Brabson,
NOAA PRA Clearance Officer.
[FR Doc. 2016–31585 Filed 12–28–16; 8:45 am]
BILLING CODE 3510–22–P
BUREAU OF CONSUMER FINANCIAL
PROTECTION
Academic Research Council
Solicitation of Applications for
Membership
Bureau of Consumer Financial
Protection.
ACTION: Notice of solicitation of
applications.
AGENCY:
E:\FR\FM\29DEN1.SGM
29DEN1
Agencies
[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)]
[Notices]
[Pages 95966-95968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31624]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XF120
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Trawl Rationalization Program; 2017
Cost Recovery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; 2017 cost recovery fee percentages and mothership (MS)
pricing.
-----------------------------------------------------------------------
SUMMARY: This action provides participants in the Pacific coast
groundfish trawl rationalization program with the 2017 fee percentages
and ``MS pricing'' needed to calculate the required payments for trawl
rationalization program cost recovery fees due in 2017. It also
provides a redetermination of previous years' fees. For calendar year
2017, NMFS announces the following fee percentages by sector: 3.0
percent for the Shorebased Individual Fishing Quota (IFQ) Program, 0
percent for the MS Coop Program, 0 percent for the Catcher/Processer
(C/P) Coop Program. For 2017, the MS pricing to be used as a proxy by
the C/P Coop Program is: $0.08/lb for Pacific whiting.
DATES: Effective January 1, 2017.
FOR FURTHER INFORMATION CONTACT: Christopher Biegel, Cost Recovery
Program Coordinator, (503) 231-6291, fax (503) 872-2737, email
Christopher.Biegel@NOAA.gov.
SUPPLEMENTARY INFORMATION: The Magnuson[hyphen]Stevens Fishery
Conservation and Management Act (MSA) requires NMFS to collect fees to
recover the costs directly related to the management, data collection,
and enforcement of a limited access privilege program (LAPP) (16 U.S.C.
1854(d)(2)), also called ``cost recovery.'' The Pacific coast
groundfish trawl rationalization program is a LAPP, implemented in
2011, and consists of three sectors: The Shorebased IFQ Program, the MS
Coop Program, and the C/P Coop Program. In accordance with the MSA, and
based on a recommended structure and methodology developed in
coordination with the Pacific Fishery Management Council, NMFS began
collecting mandatory fees of up to three percent of the
ex[hyphen]vessel value of groundfish from each sector (Shorebased IFQ
Program, MS Coop Program, and C/P Coop Program) in 2014. NMFS collects
the fees to recover the incremental costs of management, data
collection, and enforcement of the trawl rationalization program.
Additional background can be found in the cost recovery proposed and
final rules, 78 FR 7371 (February 1, 2013) and 78 FR 75268 (December
11, 2013), respectively. The details of cost recovery for the
groundfish trawl rationalization program are in regulation at 50 CFR
660.115 (trawl fishery cost recovery program), Sec. 660.140
(Shorebased IFQ Program), Sec. 660.150 (MS Coop Program), and Sec.
660.160 (C/P Coop Program).
By December 31 of each year, NMFS must announce the next year's fee
percentages, and the applicable MS pricing for the C/P Coop Program.
NMFS calculated the 2017 fee percentages by sector using the best
available information. In addition, NMFS revisited the methodology used
to determine the direct program costs (DPC) attributable to each sector
for fiscal years 2013, 2014, and 2015. NMFS' redetermination of the
DPCs for those fiscal years resulted in a decrease in the DPCs used to
determine the fee percentages for calendar years 2014, 2015, and 2016.
For 2017, the fee percentages by sector, taking into account the
redetermined DPCs and any adjustments, are:
3.0 percent for the Shorebased IFQ Program,
0 percent for the MS Coop Program,
0 percent for the C/P Coop Program.
To calculate the fee percentages, NMFS used the formula specified
in regulation at Sec. 660.115(b)(1), where the fee percentage by
sector equals the lower of three percent or DPC for that sector divided
by total ex-vessel value (V) for that sector multiplied by 100 (Fee
percentage = the lower of 3 percent or (DPC/V) x 100).
``DPC,'' as defined in the regulations at Sec. 660.115(b)(1)(i),
are the actual incremental costs for the previous fiscal year directly
related to the management, data collection, and enforcement of each
sector (Shorebased IFQ Program, MS Coop Program, and C/P Coop Program).
Actual incremental costs means those net costs that would not have been
incurred but for the implementation of the trawl rationalization
program, including both increased costs for new requirements of the
program and reduced costs resulting from any program efficiencies. NMFS
only included the cost of employees' time (salary and benefits) spent
working on the program in calculating DPC rather than all incremental
costs of management, data collection, and enforcement. NMFS is still
evaluating how to incorporate additional costs and may, in coordination
with the Pacific Fishery Management Council, do so in the future.
``V'', as specified at Sec. 660.115(b)(1)(ii), is the total ex-
vessel value, as defined at Sec. 660.111, for each sector from the
previous calendar year. To calculate ``V'' for use in determining 2017
fee percentages, NMFS used the ex-vessel value for 2015 as reported in
Pacific Fisheries Information Network (PacFIN) from electronic fish
tickets. The electronic fish ticket data in PacFIN is for the
Shorebased IFQ Program. Therefore, the ex-vessel value for both the MS
Coop Program and the C/P Coop Program is a proxy based on the
Shorebased IFQ Program ex-vessel price and on the retained catch
estimates (weight) from the observer data for the MS and C/P Coop
Programs.
Ex-vessel values and amounts landed each year fluctuate, and the
amount NMFS collects each year in cost recovery fees also fluctuate
accordingly. When the cost recovery fees collected by NMFS are greater
or less than the actual net incremental costs incurred for a given
year, the fee percentage for the following year will be adjusted as
specified at Sec. 660.115(b)(1)(i).
Redetermination of Past DPCs
On August 10, 2016, the U.S. Court of Appeals for the Ninth Circuit
issued its opinion in Glacier Fish Co. LLC v. Pritzker, 832 F.3d 1113
(9th Cir. 2016), a case involving a challenge to NMFS' authority to
recover cost recovery fees from members of the C/P Coop Program and the
reasonableness of NMFS' calculation of the C/P Coop Program's 2014 fee
percentage. The court upheld NMFS' authority to recover cost recovery
fees from members of the C/P Coop Program because the C/P coop permit
is a limited access privilege and
[[Page 95967]]
Glacier Fish Co. and other C/P coop members are reasonably considered a
``holder'' of that privilege. The court also concluded that NMFS' cost
recovery regulations were consistent with statutory requirements.
However, the court held that the calculation of the 2014 CP Coop
Program fee was inconsistent with NMFS' cost recovery regulations and
the court remanded to NMFS to re-determine the 2014 fee.
In response, NMFS has reevaluated and modified the methodology used
to determine the C/P Coop Program's DPC for the 2014 fee calculation.
The redetermination of the C/P Coop Program's 2014 fee also took into
consideration discussions with Glacier Fish Co. and other
representatives of C/P Coop members with respect to what costs should
be considered actual incremental costs. One key change to the C/P Coop
program's 2014 fee is the elimination of all time that was originally
coded as ``general'' time and split evenly among the three sectors.
Additional costs that NMFS determined to be more appropriately
categorized as non-incremental were also removed. NMFS also made some
adjustments to ensure contractor and employee time was appropriately
distributed among the sectors to reflect the actual incremental costs.
Finally, NMFS elected to apply a similar revised methodology for all
sectors for all years, resulting in a reduction in each sector's DPCs.
However, the Shorebased IFQ Program DPC remained above the 3 percent
cap.
NMFS' internal process for categorizing and tracking employee time
in the trawl rationalization program has been refined over the years.
For example, the use of the ``general'' time coding option was phased
out by the West Coast Region and, with the exception of limited use by
the Northwest Fisheries Science Center, was no longer used as of fiscal
year 2015. NMFS will continue its efforts to ensure that employee time
is only tracked for time spent on tasks that would not have been
incurred but for the implementation of the trawl rationalization
program, taking into account reduced costs resulting from any program
efficiencies. A comparison of the original DPCs and the recalculated
DPCs is below.
------------------------------------------------------------------------
Initial DPC Redetermined DPC
(excluding (excluding
adjustments) adjustments)
------------------------------------------------------------------------
Shorebased IFQ Program:
2014.......................... $1,877,752.00 $1,599,610.25
2015.......................... 2,028,859.04 1,936,907.83
2016.......................... 2,339,529.95 1,887,535.24
2017.......................... 2,021,490.55 N/A
MS Coop Program:
2014.......................... 274,936.05 77,659.47
2015.......................... 233,300.78 129,565.98
2016.......................... 291,144.05 185,814.34
2017.......................... 167,549.51 N/A
C/P Coop Program:
2014.......................... 176,460.05 12,931.29
2015.......................... 158,631.88 40,487.70
2016.......................... 184,267.26 45,080.17
2017.......................... 63,448.85 N/A
------------------------------------------------------------------------
The DPC values used to determine the 2017 fee percentages reflect
the redetermined DPCs and any adjustments for past over or under
payment. The adjustments can be seen here:
----------------------------------------------------------------------------------------------------------------
2014
--------------------------------------------------------
DPC Fees Adjustment
----------------------------------------------------------------------------------------------------------------
IFQ.................................................... $1,599,610.25 $1,356,285.28 N/A
MS..................................................... 77,659.47 347,450.65 -$269,791.18
CP..................................................... 12,931.29 350,387.25 -337,455.96
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
2015
---------------------------------------------------------------------------
DPC DPC w/adjustment Fees Adjustment
----------------------------------------------------------------------------------------------------------------
IFQ................................. $1,936,907.83 N/A $1,260,450.63 N/A
MS.................................. 129,565.98 -$140,225.20 94,467.65 -$234,692.85
CP.................................. 40,487.70 -296,968.26 0.00 -296,968.26
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
2016
---------------------------------------------------------------------------
DPC DPC w/adjustment Fees (est) Adjustment (est)
----------------------------------------------------------------------------------------------------------------
IFQ................................. $1,887,535.24 N/A $1,561,574.00 N/A
MS.................................. 185,814.34 -$48,878.51 379,731.00 -$428,609.51
CP.................................. 45,080.17 -251,888.09 0.00 -251,888.09
----------------------------------------------------------------------------------------------------------------
[[Page 95968]]
------------------------------------------------------------------------
2017
-------------------------------------
DPC DPC w/adjustment
------------------------------------------------------------------------
IFQ............................... $2,021,490.55 N/A
MS................................ 167,549.51 -$261,060.01
CP................................ 63,448.85 -188,439.24
------------------------------------------------------------------------
Based on total fees paid to date and estimated fees received in
2016, the adjusted DPCs for 2017 are:
Shorebased IFQ Program: $2,021,490.55
MS Coop Program: -$261,060.01
C/P Coop Program: -$188,439.24
And the fee calculations using the adjusted 2017 DPCs are:
Shorebased IFQ Program: 3.0 percent = the lower of 3 percent or
($2,021,490.55/$41,605,012.42) x 100
MS Coop Program: -6.0 percent = the lower of 3 percent or -$261,060.01/
$4,373,922.34) x 100
C/P Coop Program: -1.7 percent = the lower of 3 percent or (-
$188,439.24/$11,120,803.07) x 100
As a fee cannot be set using a negative percentage, the 2017 fee
percentages for the MS Coop Program and the C/P Coop Program will be
set at 0.0 percent.
MS pricing is the average price per pound that the C/P Coop Program
will use to determine their fee amount due (MS pricing multiplied by
the value of the aggregate pounds of all groundfish species harvested
by the vessel registered to a C/P-endorsed limited entry trawl permit,
multiplied by the C/P fee percentage, equals the fee amount due). In
past years, MS pricing was based on the average price per pound of
Pacific whiting as reported in PacFIN from the Shorebased IFQ Program.
In other words, data from the IFQ fishery was used as a proxy for the
MS average price per pound to determine the ``MS pricing'' used in the
calculation for the C/P sector's fee amount due. For 2017 MS pricing,
NMFS used values derived from those reported on the MS Coop Program
cost recovery form from calendar year 2015 as this was determined to be
the best information available. NMFS has calculated the 2017 MS pricing
to be used as a proxy by the C/P Coop Program as: $0.08/lb for Pacific
whiting.
Cost recovery fees are submitted to NMFS by Fish buyers via Pay.gov
(https://www.pay.gov/paygov/). Fish buyers registered with Pay.gov can
login in the upper left-hand corner of the screen. Fish buyers not
registered with Pay.gov can go to the cost recovery forms directly from
the Web site below. Click on the link to Pacific Coast Groundfish Cost
Recovery for your sector (IFQ, MS, or C/P): https://www.pay.gov/public/search/global?searchString=pacific+cost+recovery&formToken=4e5bc6b4-6ba8-4db4-9850-e73756a06775.
As stated in the preamble to the cost recovery proposed and final
rules, in the spring of each year, NMFS will release an annual report
documenting the details and data used for the above calculations. The
report will include information such as the fee percentage calculation,
program costs, and ex-vessel value by sector. Annual reports are
available at: https://www.westcoast.fisheries.noaa.gov/fisheries/groundfish_catch_shares/rules_regulations/costrecovery.html.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 23, 2016.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2016-31624 Filed 12-28-16; 8:45 am]
BILLING CODE 3510-22-P