Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Trawl Rationalization Program; 2022 Cost Recovery Fee Notice, 68642-68643 [2021-26287]

Download as PDF 68642 Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Notices additives, such as corrosion inhibiters and soluble micro or macronutrients (UAN). Subject merchandise includes merchandise matching the above description that has been processed in a third country, including by commingling, diluting, adding or removing additives, or performing any other processing that would not otherwise remove the merchandise from the scope of the investigations if performed in the subject country. The scope also includes UAN that is commingled with UAN from sources not subject to these investigations. Only the subject component of such commingled products is covered by the scope of these investigations. The covered merchandise is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheading 3102.80.0000. Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Subsidies Valuation V. Benchmarks and Interest Rates VI. Analysis of Programs VII. Recommendation [FR Doc. 2021–26314 Filed 12–2–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XB572] Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Trawl Rationalization Program; 2022 Cost Recovery Fee Notice National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice, 2022 cost recovery fee percentages and average mothership cooperative program pricing. AGENCY: This action provides participants in the Pacific Coast Groundfish Trawl Rationalization Program with the 2022 cost recovery fee percentages and the average mothership (MS) price per pound to be used in the catcher/processor (C/P) coop program to calculate the fee amount for the upcoming calendar year. For the 2022 calendar year, NMFS announces the following fee percentages by sector specific program: 3.0 percent for the Shorebased Individual Fishing Quota (IFQ) Program; 0.2 percent for the C/P jspears on DSK121TN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:06 Dec 02, 2021 Jkt 256001 Co-op Program; and 1.7 percent for the MS Co-op Program. For 2022, the MS pricing to be used as a proxy by the C/ P Co-op Program is $0.09/pound (lb) for Pacific whiting. DATES: Applicable January 1, 2022. FOR FURTHER INFORMATION CONTACT: Keeley Kent, (206) 247–8252, keeley.kent@noaa.gov. SUPPLEMENTARY INFORMATION: Section 304(d) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) authorizes and 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.’’ Cost recovery fees recover the actual costs directly related to the management, data collection and analysis, and enforcement of the programs (Section 303A(e)). Section 304(d) of the MSA mandates that cost recovery fees not exceed 3 percent of the annual ex-vessel value of fish harvested by a program subject to a cost recovery fee, and that the fee be collected either at the time of landing, filing of a landing report, or sale of such fish during a fishing season or in the last quarter of the calendar year in which the fish is harvested. 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 C/P 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 3 percent of the ex-vessel value of groundfish from each program (Shorebased IFQ Program, MS Co-op Program, and C/P 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 rule (78 FR 7371; February 1, 2013), and final rule (78 FR 75268; December 11, 2013). 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 (C/P Co-op Program). By December 31 of each year, NMFS announces the next year’s fee PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 percentages and the applicable MS pricing for the C/P 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 3 percent or the direct program costs (DPC) for that sector divided by total exvessel 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 C/P 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 or adjustments to costs from previous years. ‘‘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 determine the ex-vessel value for the Shorebased IFQ Program, NMFS used the ex-vessel value for calendar year 2020 as reported in the Pacific Fisheries Information Network (PacFIN) from Shorebased IFQ electronic fish tickets as this was the most recent complete set of data. To determine the ex-vessel value for the MS Co-op Program and the C/P Co-op Program, NMFS used the retained catch estimates (weight) for each sector as reported in the North Pacific Observer Program database multiplied by the average price of Pacific whiting as reported by participants in the MS Coop Program for 2020. The fee calculations for the 2022 fee percentages are described below. IFQ Program: • 4.2 percent = ($1,689,034.21/ $40,008,494.00) × 100. C/P Co-op Program: • 0.2 percent = ($35,958.08/ $22,052,786.85) × 100. MS Co-op Program: • 1.7 percent = ($127,649.64/ $7,367,454.90) × 100. However, the calculated fee percentage cannot exceed the statutory limit of 3 percent. The IFQ Program fee calculation (4.2 percent) exceeds this limit, therefore, the 2022 fee percentage for the IFQ Program is 3 percent. Therefore, the final 2022 fee percentages are 3.0 percent for the IFQ Program, 0.2 percent for the C/P Co-op Program, and 1.7 percent for the MS Co-op Program. E:\FR\FM\03DEN1.SGM 03DEN1 Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Notices MS Average Pricing DEPARTMENT OF COMMERCE MS pricing is the average price per pound that the C/P Co-op Program will use to determine the fee amount due for that sector. The C/P sector value (V) is calculated by multiplying the retained catch estimates (weight) of Pacific whiting harvested by any vessel registered to a C/P-endorsed limited entry trawl permit by the MS pricing. NMFS has calculated the 2022 MS pricing to be used as a proxy by the CP Co-op Program as: $0.09/lb for Pacific whiting. Cost recovery fees are submitted to NMFS by fish buyers via Pay.gov (https://www.pay.gov/). 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 righthand 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 C/ P) are listed below: IFQ: https://www.pay.gov/public/ form/start/58062865; MS: https://www.pay.gov/public/ form/start/58378422; and C/P: 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 fee percentage calculations. Annual reports are available at: https:// www.fisheries.noaa.gov/west-coast/ sustainable-fisheries/west-coastgroundfish-trawl-catch-shareprogram#cost-recovery. Authority: 16 U.S.C. 1801 et seq., 16 U.S.C.773 et seq., and 16 U.S.C. 7001 et seq. National Oceanic and Atmospheric Administration Dated: November 30, 2021. Ngagne Jafnar Gueye, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2021–26287 Filed 12–2–21; 8:45 am] jspears on DSK121TN23PROD with NOTICES1 BILLING CODE 3510–22–P VerDate Sep<11>2014 18:06 Dec 02, 2021 Jkt 256001 [RTID 0648–XB596] Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of issuance of letter of authorization. AGENCY: In accordance with the Marine Mammal Protection Act (MMPA), as amended, its implementing regulations, and NMFS’ MMPA Regulations for Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil and Gas Activities in the Gulf of Mexico, notification is hereby given that a Letter of Authorization (LOA) has been issued to Anadarko Petroleum Corporation (Anadarko) for the take of marine mammals incidental to geophysical survey activity in the Gulf of Mexico. DATES: The LOA is effective from January 15, 2022, through July 15, 2022. ADDRESSES: The LOA, LOA request, and supporting documentation are available online at: www.fisheries.noaa.gov/ action/incidental-take-authorization-oiland-gas-industry-geophysical-surveyactivity-gulf-mexico. In case of problems accessing these documents, please call the contact listed below (see FOR FURTHER INFORMATION CONTACT). FOR FURTHER INFORMATION CONTACT: Kim Corcoran, Office of Protected Resources, NMFS, (301) 427–8401. SUPPLEMENTARY INFORMATION: SUMMARY: Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. An authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 68643 not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. NMFS has defined ‘‘negligible impact’’ in 50 CFR 216.103 as an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival. Except with respect to certain activities not pertinent here, the MMPA defines ‘‘harassment’’ as: Any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild (Level A harassment); or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering (Level B harassment). On January 19, 2021, we issued a final rule with regulations to govern the unintentional taking of marine mammals incidental to geophysical survey activities conducted by oil and gas industry operators, and those persons authorized to conduct activities on their behalf (collectively ‘‘industry operators’’), in Federal waters of the U.S. Gulf of Mexico (GOM) over the course of 5 years (86 FR 5322; January 19, 2021). The rule was based on our findings that the total taking from the specified activities over the 5-year period will have a negligible impact on the affected species or stock(s) of marine mammals and will not have an unmitigable adverse impact on the availability of those species or stocks for subsistence uses. The rule became effective on April 19, 2021. Our regulations at 50 CFR 217.180 et seq. allow for the issuance of LOAs to industry operators for the incidental take of marine mammals during geophysical survey activities and prescribe the permissible methods of taking and other means of effecting the least practicable adverse impact on marine mammal species or stocks and their habitat (often referred to as mitigation), as well as requirements pertaining to the monitoring and reporting of such taking. Under 50 CFR 217.186(e), issuance of an LOA shall be based on a determination that the level of taking will be consistent with the findings made for the total taking allowable under these regulations and a determination that the amount of take E:\FR\FM\03DEN1.SGM 03DEN1

Agencies

[Federal Register Volume 86, Number 230 (Friday, December 3, 2021)]
[Notices]
[Pages 68642-68643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26287]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB572]


Fisheries Off West Coast States; Pacific Coast Groundfish 
Fishery; Trawl Rationalization Program; 2022 Cost Recovery Fee Notice

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

ACTION: Notice, 2022 cost recovery fee percentages and average 
mothership cooperative program pricing.

-----------------------------------------------------------------------

SUMMARY: This action provides participants in the Pacific Coast 
Groundfish Trawl Rationalization Program with the 2022 cost recovery 
fee percentages and the average mothership (MS) price per pound to be 
used in the catcher/processor (C/P) coop program to calculate the fee 
amount for the upcoming calendar year. For the 2022 calendar year, NMFS 
announces the following fee percentages by sector specific program: 3.0 
percent for the Shorebased Individual Fishing Quota (IFQ) Program; 0.2 
percent for the C/P Co-op Program; and 1.7 percent for the MS Co-op 
Program. For 2022, the MS pricing to be used as a proxy by the C/P Co-
op Program is $0.09/pound (lb) for Pacific whiting.

DATES: Applicable January 1, 2022.

FOR FURTHER INFORMATION CONTACT: Keeley Kent, (206) 247-8252, 
[email protected].

SUPPLEMENTARY INFORMATION: Section 304(d) of the 
Magnuson[hyphen]Stevens Fishery Conservation and Management Act (MSA) 
authorizes and 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.'' Cost recovery fees recover the actual costs directly 
related to the management, data collection and analysis, and 
enforcement of the programs (Section 303A(e)). Section 304(d) of the 
MSA mandates that cost recovery fees not exceed 3 percent of the annual 
ex-vessel value of fish harvested by a program subject to a cost 
recovery fee, and that the fee be collected either at the time of 
landing, filing of a landing report, or sale of such fish during a 
fishing season or in the last quarter of the calendar year in which the 
fish is harvested.
    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 C/P 
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 3 percent of the ex[hyphen]vessel value of groundfish 
from each program (Shorebased IFQ Program, MS Co-op Program, and C/P 
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 rule (78 FR 7371; 
February 1, 2013), and final rule (78 FR 75268; December 11, 2013). 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 (C/P Co-op Program).
    By December 31 of each year, NMFS announces the next year's fee 
percentages and the applicable MS pricing for the C/P 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 3 percent or the direct program costs (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 C/P 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 or adjustments to costs from previous 
years.
    ``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 determine the ex-vessel value for the 
Shorebased IFQ Program, NMFS used the ex-vessel value for calendar year 
2020 as reported in the Pacific Fisheries Information Network (PacFIN) 
from Shorebased IFQ electronic fish tickets as this was the most recent 
complete set of data. To determine the ex-vessel value for the MS Co-op 
Program and the C/P Co-op Program, NMFS used the retained catch 
estimates (weight) for each sector as reported in the North Pacific 
Observer Program database multiplied by the average price of Pacific 
whiting as reported by participants in the MS Co-op Program for 2020.
    The fee calculations for the 2022 fee percentages are described 
below.
    IFQ Program:
     4.2 percent = ($1,689,034.21/$40,008,494.00) x 100.
    C/P Co-op Program:
     0.2 percent = ($35,958.08/$22,052,786.85) x 100.
    MS Co-op Program:
     1.7 percent = ($127,649.64/$7,367,454.90) x 100.
    However, the calculated fee percentage cannot exceed the statutory 
limit of 3 percent. The IFQ Program fee calculation (4.2 percent) 
exceeds this limit, therefore, the 2022 fee percentage for the IFQ 
Program is 3 percent. Therefore, the final 2022 fee percentages are 3.0 
percent for the IFQ Program, 0.2 percent for the C/P Co-op Program, and 
1.7 percent for the MS Co-op Program.

[[Page 68643]]

MS Average Pricing

    MS pricing is the average price per pound that the C/P Co-op 
Program will use to determine the fee amount due for that sector. The 
C/P sector value (V) is calculated by multiplying the retained catch 
estimates (weight) of Pacific whiting harvested by any vessel 
registered to a C/P-endorsed limited entry trawl permit by the MS 
pricing. NMFS has calculated the 2022 MS pricing to be used as a proxy 
by the CP Co-op Program as: $0.09/lb for Pacific whiting.
    Cost recovery fees are submitted to NMFS by fish buyers via Pay.gov 
(https://www.pay.gov/). 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 right-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 C/P) are listed below:
    IFQ: https://www.pay.gov/public/form/start/58062865;
    MS: https://www.pay.gov/public/form/start/58378422; and
    C/P: 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 fee percentage 
calculations. Annual reports are available at: https://www.fisheries.noaa.gov/west-coast/sustainable-fisheries/west-coast-groundfish-trawl-catch-share-program#cost-recovery.
    Authority: 16 U.S.C. 1801 et seq., 16 U.S.C.773 et seq., and 16 
U.S.C. 7001 et seq.

    Dated: November 30, 2021.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-26287 Filed 12-2-21; 8:45 am]
BILLING CODE 3510-22-P