Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Trawl Rationalization Program; 2020 Cost Recovery, 67720-67722 [2019-26618]
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Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Notices
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XR072]
Endangered Species; File Nos. 22671–
01, 23096, and 23200
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of applications
for permits and a permit modification.
AGENCY:
Notice is hereby given that
three applicants have applied in due
form for a permit to take Atlantic
(Acipenser oxyrinchus) and shortnose
(Acipenser brevirostrum) sturgeon for
purposes of scientific research.
DATES: Written, telefaxed, or email
comments must be received on or before
January 10, 2020.
ADDRESSES: The applications and
related documents are available for
review by selecting ‘‘Records Open for
Public Comment’’ from the ‘‘Features’’
box on the Applications and Permits for
Protected Species (APPS) home page,
https://apps.nmfs.noaa.gov, and then
selecting the applicable File No. from
the list of available applications.
These documents are also available
upon written request or by appointment
in the Permits and Conservation
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone:
(301) 427–8401; fax: (301) 713–0376.
Written comments on these
applications should be submitted to the
Chief, Permits and Conservation
Division, at the address listed above.
Comments may also be submitted by
facsimile to (301) 713–0376, or by email
to NMFS.Pr1Comments@noaa.gov.
Please include the File No. in the
subject line of the email comment.
Those individuals requesting a public
hearing should submit a written request
to the Chief, Permits and Conservation
Division at the address listed above. The
request should set forth the specific
reasons why a hearing on the
application would be appropriate.
FOR FURTHER INFORMATION CONTACT:
Malcolm Mohead (for File Nos. 22671–
01 and 23096) or Erin Markin (for File
No. 23200), (301) 427–8401.
SUPPLEMENTARY INFORMATION: The
subject permits and permit modification
are requested under the authority of the
Endangered Species Act of 1973, as
amended (ESA; 16 U.S.C. 1531 et seq.)
and the regulations governing the
taking, importing, and exporting of
lotter on DSKBCFDHB2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
16:23 Dec 10, 2019
Jkt 250001
endangered and threatened species (50
CFR parts 222–226).
File No. 22671–01: Permit No. 22671
was issued on March 12, 2019 (83 FR
61375), authorizing the U.S. Geological
Survey (USGS), Conte Anadromous Fish
Research Laboratory, 1 Migratory Way,
Turners Falls, MA 01376 (Responsible
Party: Adria Elskus), to take shortnose
sturgeon in the Connecticut River.
Researchers are currently permitted to
capture adult, sub-adult and juvenile
shortnose sturgeon using gill nets or
trawls (i.e., trawling is conducted
between Turner Falls Dam and Holyoke
Dam), measure, weigh, tag, tissue
sample, determine gender via
boroscopy, photograph, and
prophylactically treat prior to release. A
subset of sturgeon may be anesthetized
and implanted with acoustic tags
(internal or external) for tracking. Lethal
sampling of early life stages (eggs and
larvae) may occur using D-nets. The
Permit Holder is also authorized to
conduct scientific research and
enhancement activities on captive, nonreleasable shortnose sturgeon.
The permit holder requests additional
authorization for blood sampling to
evaluate stress levels experienced by the
upstream-migrant shortnose sturgeon in
upstream passage through the Holyoke
fish elevator. Blood samples from
treatment animals would be collected at
the height of the fish passage elevator
and also from control animals below the
dam prior to entering the lift.
Additionally, the permit holder requests
trawling gear to be authorized for
capturing shortnose sturgeon in the
Connecticut River between Turner Falls
Dam (MA) and Bellows Falls Dam (VT).
The permit would expire on March 31,
2029.
File No. 23096: The University of
Georgia, Warnell School of Forestry and
Natural Resources, 180 E Green Street,
Athens, GA 30602 (Responsible Party:
Dale Greene) requests a permit to
conduct scientific research on Atlantic
and shortnose sturgeon to determine the
presence, status, health, population
dynamics, and movements of Atlantic
and shortnose sturgeon in the coastal
river basins and estuaries of Georgia and
Northeast Florida (Savannah, Ogeechee,
Altamaha, Satilla, and St. Marys (GA)
and St. Johns/Nassau (FL)). Atlantic and
shortnose sturgeon would be captured
using gill nets and/or trammel nets.
Juvenile, sub-adult, and adult sturgeon
would be PIT tagged, tissue sampled (fin
clip), measured, weighed, and
photographed. A subset of individual
animals may be anesthetized, internally
or externally acoustically tagged,
biologically sampled (fin ray, blood,
gonads), and undergo endoscopy to
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
determine sex. Lethal sampling of
sturgeon eggs and larvae using artificial
substrates would occur to verify
spawning incidence. Tissue samples
would be exported to Canada for DNA
virus analysis. Incidental mortality of
up to one adult/sub-adult and one
juvenile Atlantic sturgeon may occur
annually in the Savannah, Ogeechee,
Altamaha, and Satilla Rivers; and up to
one adult/sub-adult and one juvenile
shortnose sturgeon may occur annually
in the Savannah, Ogeechee, and
Altamaha Rivers. The permit would be
valid for up to 10 years from the date
of issuance.
File No. 23200: The University of
North Carolina, Wilmington, 601 South
College Road, Wilmington, NC 28403
(Responsible Party: Frederick Scharf),
requests a permit to conduct scientific
research on adult, sub-adult, and
juvenile Atlantic and shortnose sturgeon
to determine their abundance,
distribution, habitat use, and migration
dynamics in the coastal rivers and
estuaries of North Carolina basins (Cape
Fear, Neuse, Tar/Pamlico, Roanoke/
Chowan). Atlantic and shortnose
sturgeon would be captured using gill
nets, trammel nets, or trawls, measured,
weighed, tagged (PIT, Floy), biologically
sampled (tissue), and photographed/
videoed. A subset of Atlantic sturgeon
would be anesthetized and receive an
internal acoustic tag. The permit would
be valid for up to 5 years from the date
of issuance.
Dated: December 6, 2019.
Amy Sloan,
Acting Chief, Permits and Conservation
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2019–26666 Filed 12–10–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XW016]
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
Trawl Rationalization Program; 2020
Cost Recovery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice, 2020 cost recovery fee
percentages and Mothership Co-op (MS)
Program pricing.
AGENCY:
This action provides
participants in the Pacific Coast
SUMMARY:
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Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Notices
Groundfish Trawl Rationalization
Program with the 2020 fee percentages
and MS pricing needed to calculate the
required payments for the cost recovery
fees due in 2020. For calendar year
2020, NMFS announces the following
fee percentages by sector specific
program: 3.00 percent for the
Shorebased Individual Fishing Quota
(IFQ) Program; 0.29 percent for the MS
Co-op Program; and 0.08 percent for the
Catcher/Processor Co-op (CP) Program.
For 2020, the MS pricing to be used as
a proxy by the CP Co-op Program is:
$0.08/lb for Pacific whiting.
DATES: Applicable January 1, 2020.
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
recover the costs directly related to the
management, data collection and
analysis, and enforcement directly
related to and in support 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 sector-specific
programs: The Shorebased IFQ Program,
the MS Co-op Program, and the CP Coop Program. In accordance with the
MSA, and based on a recommended
structure and methodology developed in
coordination with the Pacific Fishery
Management Council (Council), NMFS
began collecting mandatory fees of up to
three percent of the ex-vessel value of
groundfish from each program
(Shorebased IFQ Program, MS Co-op
Program, and CP Co-op Program) in
2014. NMFS collects the fees to recover
the incremental costs of management,
data collection and analysis, and
enforcement of the Groundfish 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 Co-op Program), and
§ 660.160 (CP Co-op Program).
By December 31 of each year, NMFS
must announce the next year’s fee
percentages and the applicable MS
pricing for the CP Co-op Program.
NMFS calculated the 2020 fee
percentages by sector using the best
available information. For 2020, the fee
percentages by program, taking into
account the adjusted direct program
costs (DPCs), are:
• 3.00 percent for the Shorebased IFQ
Program,
• 0.29 percent for the MS Co-op
Program, and
• 0.08 percent for the CP Co-op
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).
‘‘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 analysis, and
enforcement of each program
(Shorebased IFQ Program, MS Co-op
Program, and CP Co-op Program).
Actual incremental costs means those
net costs that would not have been
incurred but for the implementation of
the Groundfish Trawl Rationalization
Program, including both increased costs
for new requirements of the program
and reduced costs resulting from any
program efficiencies.
‘‘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. The regulations
define ex-vessel value slightly
differently for each sector, thus NMFS
uses slightly different methods to
calculate ‘‘V’’ for each sector. For the
Shorebased IFQ Program, NMFS used
the ex-vessel value for calendar year
2018 as reported in Pacific Fisheries
Information Network (PacFIN) from
shorebased IFQ electronic fish tickets as
this was the most recent complete set of
data. For the MS Co-op Program and the
CP Co-op Program, NMFS uses the
average price of Pacific whiting as
reported in PacFIN from the shorebased
IFQ sector in 2018 and the retained
catch estimates (weight) from the
observer data, as reported in the North
Pacific Observer Program database.
NMFS does not collect pricing data for
these two sectors so it uses the
shorebased IFQ sector data as a proxy.
Redetermination of Past DPCs and
Adjustment of 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 collect cost recovery fees
from members of the CP Co-op Program
and the reasonableness of NMFS’
calculation of the CP Co-op Program’s
2014 fee percentage. In response to the
court decision, NMFS re-evaluated and
modified the methodology used to
determine the CP Co-op Program’s DPC
for the 2014 fee calculation. NMFS
elected to apply a similar revised
methodology for all programs for 2014–
2016 to redetermine the DPC for those
years and to continue to use the revised
methodology for all programs going
forward, including the 2017–2020 fee
calculations.
The redetermination resulted in
overpayments of the cost recovery fee by
the CP and MS Co-op Programs. NMFS
has continued to adjust the fees for
these two sectors in subsequent years to
account for this overpayment, as
specified at § 660.115(b)(1)(i). This
adjustment is reflected in the table
below.
Based on the estimated fees received
in 2019 and adjustments for
overpayments by the CP and MS Co-op
Programs, the adjusted DPCs for 2020
are:
2018 Fee
adjustment
lotter on DSKBCFDHB2PROD with NOTICES
Total by sector
IFQ .......................................................................................................................
MS ........................................................................................................................
CP ........................................................................................................................
The fee calculations using the
adjusted 2019 DPCs are described
below.
VerDate Sep<11>2014
16:23 Dec 10, 2019
Jkt 250001
Frm 00019
Fmt 4703
$0.00
¥73,928.46
¥69,385.25
$1,807,568.15
33,232.92
16,050.48
• 3.00 percent = the lower of 3
percent or ($1,807,568.15/
$54,795,365.00) × 100.
IFQ Program:
PO 00000
$1,807,568.15
107,161.38
85,435.73
Final sector totals
Sfmt 4703
E:\FR\FM\11DEN1.SGM
11DEN1
67722
Federal Register / Vol. 84, No. 238 / Wednesday, December 11, 2019 / Notices
MS Co-op Program:
• 0.29 percent = the lower of 3
percent or ($33,232.92/$11,562,542.83)
× 100.
CP Co-op Program:
• 0.08 percent = the lower of 3
percent or ($16,050.48/$20,307,972.13)
× 100.
MS pricing is the average price per
pound that the CP Co-op Program will
use to determine their fee amount due
(MS pricing multiplied by the value of
the Pacific whiting harvested by the
vessel registered to a CP-endorsed
limited entry trawl permit, multiplied
by the CP fee percentage, equals the fee
amount due). MS pricing is based on the
average price per pound of Pacific
whiting as reported in PacFIN from the
shorebased IFQ sector. 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 CP Co-op
Program’s fee amount due. NMFS has
calculated the 2020 MS pricing to be
used as a proxy by the CP Co-op
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/). Fees are
only accepted in Pay.gov by credit/debit
card or bank transfers. Cash or checks
cannot be accepted. 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 website below. The
links to the Pay.gov forms for each
lotter on DSKBCFDHB2PROD with NOTICES
Permit No.
Authority: 16 U.S.C. 1801 et seq., 16
U.S.C.773 et seq., and 16 U.S.C. 7001 et seq.
Dated: December 5, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2019–26618 Filed 12–10–19; 8:45 am]
0648–XF801
22435 ..............
0648–XR017
22835 ..............
0648–XR003
23043 ..............
0648–XR051
23092 ..............
0648–PR–A004
23095 ..............
0648–XR033
Notice; issuance of permits and
permit modifications.
ACTION:
Notice is hereby given that
permits or permit amendments have
been issued to the following entities
under the Marine Mammal Protection
Act (MMPA) and the Endangered
Species Act (ESA), as applicable.
SUMMARY:
The permits and related
documents are available for review
upon written request or by appointment
in the Permits and Conservation
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone:
(301) 427–8401; fax: (301) 713–0376.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Amy Hapeman (Permit Nos. 22835 and
23095), Jennifer Skidmore (Permit Nos.
20610–02, 22435, and 23092), and
Carrie Hubard (Permit No. 23043); at
(301) 427–8401.
Notices
were published in the Federal Register
on the dates listed below that requests
for a permit or permit amendment had
been submitted by the below-named
applicants. To locate the Federal
Register notice that announced our
receipt of the application and a
complete description of the research, go
to www.federalregister.gov and search
on the permit number provided in the
table below.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Marine Mammals and Endangered
Species
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
Applicant
Previous Federal
Register notice
David Portnoy, Ph.D., Texas A&M University, Corpus Christi, TX 78412.
Northwest Fisheries Science Center, Marine Forensic Laboratory (Responsible Party: Kevin Werner, Ph.D.), 2725 Montlake Blvd East, Seattle,
WA 98112.
Scripps Institute of Oceanography (Responsible
Party: John Hildebrand, Ph.D.), University of
California San Diego, 9500 Gilman Drive, La
Jolla, CA 92093.
Devon Massyn, Natural History Unit, 2118 Manhattan Beach Blvd, Unit B, Redondo Beach, CA
90278.
C. Scott Baker, Ph.D., Oregon State University,
Marine Mammal Institute, Hatfield Marine
Science Center, 2030 SE Marine Science Drive,
Newport, OR 97365.
Ari Friedlaender, Ph.D., University of California at
Santa Cruz, 115 McAllister Way, Santa Cruz, CA
95060.
84 FR 50018; September
24, 2019.
84 FR 36054; July 26,
2019.
November 15, 2019.
84 FR 31846; July 3,
2019.
November 1, 2019.
84 FR 52073; October 1,
2019.
November 25, 2019.
84 FR 49098; September
18, 2019.
November 5, 2019.
84 FR 39811; August 12,
2019.
November 13, 2019.
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), a final
16:23 Dec 10, 2019
Atmospheric Administration (NOAA),
Commerce.
SUPPLEMENTARY INFORMATION:
BILLING CODE 3510–22–P
RIN
20610–02 ........
VerDate Sep<11>2014
program (IFQ, MS, or CP) are listed
below:
IFQ: https://www.pay.gov/public/form/
start/58062865
MS: https://www.pay.gov/public/form/
start/58378422
CP: https://www.pay.gov/public/form/
start/58102817
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 includes
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/costrecovery.html.
Jkt 250001
determination has been made that the
activities proposed are categorically
excluded from the requirement to
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
Permit or amendment
issuance date
November 15, 2019.
prepare an environmental assessment or
environmental impact statement.
As required by the ESA, as applicable,
issuance of these permit was based on
E:\FR\FM\11DEN1.SGM
11DEN1
]]>Agencies
[Federal Register Volume 84, Number 238 (Wednesday, December 11, 2019)]
[Notices]
[Pages 67720-67722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26618]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XW016]
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Trawl Rationalization Program; 2020
Cost Recovery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice, 2020 cost recovery fee percentages and Mothership Co-op
(MS) Program pricing.
-----------------------------------------------------------------------
SUMMARY: This action provides participants in the Pacific Coast
[[Page 67721]]
Groundfish Trawl Rationalization Program with the 2020 fee percentages
and MS pricing needed to calculate the required payments for the cost
recovery fees due in 2020. For calendar year 2020, NMFS announces the
following fee percentages by sector specific program: 3.00 percent for
the Shorebased Individual Fishing Quota (IFQ) Program; 0.29 percent for
the MS Co-op Program; and 0.08 percent for the Catcher/Processor Co-op
(CP) Program. For 2020, the MS pricing to be used as a proxy by the CP
Co-op Program is: $0.08/lb for Pacific whiting.
DATES: Applicable January 1, 2020.
FOR FURTHER INFORMATION CONTACT: Christopher Biegel, Cost Recovery
Program Coordinator, (503) 231-6291, fax (503) 872-2737, email
[email protected].
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 analysis, and enforcement directly related to and in support 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 sector-specific programs: The Shorebased IFQ Program, the MS Co-
op Program, and the CP Co-op Program. In accordance with the MSA, and
based on a recommended structure and methodology developed in
coordination with the Pacific Fishery Management Council (Council),
NMFS began collecting mandatory fees of up to three percent of the
ex[hyphen]vessel value of groundfish from each program (Shorebased IFQ
Program, MS Co-op Program, and CP Co-op Program) in 2014. NMFS collects
the fees to recover the incremental costs of management, data
collection and analysis, and enforcement of the Groundfish 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 Co-op
Program), and Sec. 660.160 (CP Co-op Program).
By December 31 of each year, NMFS must announce the next year's fee
percentages and the applicable MS pricing for the CP Co-op Program.
NMFS calculated the 2020 fee percentages by sector using the best
available information. For 2020, the fee percentages by program, taking
into account the adjusted direct program costs (DPCs), are:
3.00 percent for the Shorebased IFQ Program,
0.29 percent for the MS Co-op Program, and
0.08 percent for the CP Co-op 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 analysis, and
enforcement of each program (Shorebased IFQ Program, MS Co-op Program,
and CP Co-op Program). Actual incremental costs means those net costs
that would not have been incurred but for the implementation of the
Groundfish Trawl Rationalization Program, including both increased
costs for new requirements of the program and reduced costs resulting
from any program efficiencies.
``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. The regulations define ex-vessel value slightly
differently for each sector, thus NMFS uses slightly different methods
to calculate ``V'' for each sector. For the Shorebased IFQ Program,
NMFS used the ex-vessel value for calendar year 2018 as reported in
Pacific Fisheries Information Network (PacFIN) from shorebased IFQ
electronic fish tickets as this was the most recent complete set of
data. For the MS Co-op Program and the CP Co-op Program, NMFS uses the
average price of Pacific whiting as reported in PacFIN from the
shorebased IFQ sector in 2018 and the retained catch estimates (weight)
from the observer data, as reported in the North Pacific Observer
Program database. NMFS does not collect pricing data for these two
sectors so it uses the shorebased IFQ sector data as a proxy.
Redetermination of Past DPCs and Adjustment of 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
collect cost recovery fees from members of the CP Co-op Program and the
reasonableness of NMFS' calculation of the CP Co-op Program's 2014 fee
percentage. In response to the court decision, NMFS re-evaluated and
modified the methodology used to determine the CP Co-op Program's DPC
for the 2014 fee calculation. NMFS elected to apply a similar revised
methodology for all programs for 2014-2016 to redetermine the DPC for
those years and to continue to use the revised methodology for all
programs going forward, including the 2017-2020 fee calculations.
The redetermination resulted in overpayments of the cost recovery
fee by the CP and MS Co-op Programs. NMFS has continued to adjust the
fees for these two sectors in subsequent years to account for this
overpayment, as specified at Sec. 660.115(b)(1)(i). This adjustment is
reflected in the table below.
Based on the estimated fees received in 2019 and adjustments for
overpayments by the CP and MS Co-op Programs, the adjusted DPCs for
2020 are:
----------------------------------------------------------------------------------------------------------------
2018 Fee Final sector
Total by sector adjustment totals
----------------------------------------------------------------------------------------------------------------
IFQ................................................. $1,807,568.15 $0.00 $1,807,568.15
MS.................................................. 107,161.38 -73,928.46 33,232.92
CP.................................................. 85,435.73 -69,385.25 16,050.48
----------------------------------------------------------------------------------------------------------------
The fee calculations using the adjusted 2019 DPCs are described
below.
IFQ Program:
3.00 percent = the lower of 3 percent or ($1,807,568.15/
$54,795,365.00) x 100.
[[Page 67722]]
MS Co-op Program:
0.29 percent = the lower of 3 percent or ($33,232.92/
$11,562,542.83) x 100.
CP Co-op Program:
0.08 percent = the lower of 3 percent or ($16,050.48/
$20,307,972.13) x 100.
MS pricing is the average price per pound that the CP Co-op Program
will use to determine their fee amount due (MS pricing multiplied by
the value of the Pacific whiting harvested by the vessel registered to
a CP-endorsed limited entry trawl permit, multiplied by the CP fee
percentage, equals the fee amount due). MS pricing is based on the
average price per pound of Pacific whiting as reported in PacFIN from
the shorebased IFQ sector. 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 CP Co-op Program's fee
amount due. NMFS has calculated the 2020 MS pricing to be used as a
proxy by the CP Co-op 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/). Fees are only accepted in Pay.gov by
credit/debit card or bank transfers. Cash or checks cannot be accepted.
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 website below. The links to
the Pay.gov forms for each program (IFQ, MS, or CP) are listed below:
IFQ: https://www.pay.gov/public/form/start/58062865
MS: https://www.pay.gov/public/form/start/58378422
CP: https://www.pay.gov/public/form/start/58102817
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 includes 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., 16 U.S.C.773 et seq., and 16
U.S.C. 7001 et seq.
Dated: December 5, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-26618 Filed 12-10-19; 8:45 am]
BILLING CODE 3510-22-P
