2022-25873. Fishing Capacity Reduction Program for the Longline Catcher Processor Subsector of the Bering Sea and Aleutian Islands Non-Pollock Groundfish Fishery

AGENCY:

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

ACTION:

Notice of fee rate adjustment.

SUMMARY:

NMFS issues this notice to inform the public that there will be a decrease of the fee rate required to repay the reduction loan financing the non-pollock groundfish fishing capacity reduction program. Effective January 1, 2023, NMFS is decreasing the Loan A fee rate to $0.020 per pound to ensure timely repayment of the loan. The fee rate for Loan B will remain unchanged at $0.001 per pound. The decreased fee rate is due to the 15 percent increase in non-pollock groundfish Total Allowable Catch (TAC) for 2023 since the fee rate was raised in 2021.

DATES:

The non-pollock groundfish program fee rate decrease will begin with landings on January 1, 2023. The first due date for fee payments with the decreased rate will be February 15, 2023.

ADDRESSES:

Send questions about this notice to Michael A. Sturtevant, Program Manager, Financial Services Division, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-3282.

FOR FURTHER INFORMATION CONTACT:

Michael A. Sturtevant, [phone].

SUPPLEMENTARY INFORMATION:

Background

Sections 312(b)-(e) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861 et seq.) generally authorizes fishing capacity reduction programs. In particular, section 312(d) authorizes industry fee systems for repaying reduction loans which finance reduction program costs. Subpart L of 50 CFR part 600 is the framework rule generally implementing section 312(b)-(e). Sections 1111 and 1112 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1279f and 1279g) generally authorize reduction loans.

Enacted on December 8, 2004, section 219, Title II, of FY 2005 Appropriations Act, Public Law 104-447 (Act) authorizes a fishing capacity reduction program implementing capacity reduction plans submitted to NMFS by catcher processor subsectors of the Bering Sea and Aleutian Islands (BSAI) non-pollock groundfish fishery (reduction fishery) as set forth in the Act.

The longline catcher processor subsector (Longline Subsector) is among the catcher processor subsectors eligible to submit to NMFS a capacity reduction plan under the terms of the Act. The longline subsector non-pollock groundfish reduction program's objective was to reduce the number of vessels and permits endorsed for longline subsector of the non-pollock groundfish fishery. All post-reduction fish landings from the reduction fishery are subject to the longline subsector non-pollock groundfish program's fee.

NMFS proposed the implementing notice on August 11, 2006 (71 FR 46364), and published the final notice on September 29, 2006 (71 FR 57696). NMFS allocated the $35,000,000 reduction loan (A Loan) to the reduction fishery and this loan is repayable by fees from the fishery.

On September 24, 2007, NMFS published in the Federal Register (72 FR 54219), the final rule to implement the industry fee system for repaying the non-pollock groundfish program's reduction loan and established October 24, 2007, as the effective date when fee collection and loan repayment began. The regulations implementing the program are located at § 600.1012.

NMFS published a final rule to implement a second $2,700,000 reduction loan (B Loan) for this fishery in the Federal Register on September 24, 2012 (77 FR 58775). The loan was disbursed December 18, 2012 with fee collection of $0.001 per pound to begin January 1, 2013. This fee is in addition to the A Loan fee.

Purpose

The purpose of this notice is to adjust the fee rate for the reduction fishery in accordance with the framework rule's § 600.1013(b). Section 600.1013(b) directs NMFS to recalculate the fee rate that will be reasonably necessary to ensure reduction loan repayment within the specified 30-year term.

NMFS has determined for the reduction fishery that the current fee rate of Loan A, $0.024 per pound is more than that needed to service the loan in 2023. Therefore, NMFS is decreasing the Loan A fee rate to $0.020 per pound, which NMFS has determined is sufficient to ensure timely loan repayment. The fee rate for Loan B will remain $0.001 per pound.

Subsector members may continue to use Pay.gov to disburse collected fee deposits at:  http://www.pay.gov/​paygov/​.

Please visit the NMFS website for additional information at: https://www.fisheries.noaa.gov/​national/​funding-and-financial-services/​longline-catcher-processor-subsector-bering-sea-and-aleutian-islands-non-pollock.

Notice

The new fee rate for the non-pollock groundfish fishery will begin on January 1, 2023.

From and after this date, all subsector members paying fees on the non-pollock groundfish fishery shall begin paying non-pollock groundfish fishery program fees at the revised rate.

Fee collection and submission shall follow previously established methods in § 600.1013 of the framework rule and in the final fee rule published in the Federal Register on September 24, 2007 (72 FR 54219).

Authority:16 U.S.C. 1861 et seq.;Pub. L. 108-447.

Dated: November 22, 2022.

Brian T. Pawlak,

Chief Financial Officer/Chief Administrative Officer, Director, Office of Management and Budget, National Marine Fisheries Service.