Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 81505 

despite having the lowest associated 

impact on small entities. 

Through this final rule, NMFS 

implements the summer flounder, scup, 

and black sea bass TALs contained in 

Alternative 1 (summer flounder, 29.48 

million lb (13,372 mt); scup, 20.0 

million lb (9,072 mt); and black sea 

bass, 3.6 million lb (1,633 mt)), the 

Council’s preferred alternatives, which 

consist of the quota alternatives that 

pair the lowest economic impacts to 

small entities and meet the required 

objectives of the FMP and the 

Magnuson-Stevens Act. Relative to 

2010, the 2011 commercial quotas and 

recreational harvest measures in this 

action would result in the following 

TAL changes for the commercial and 

recreational sectors: 

(1) A 33.2-percent increase for 

summer flounder; 

(2) A 41.7-percent increase for scup; 

and 

(3) A 2.7-percent reduction for black 

sea bass. 

The respective TALs contained in 

Alternative 1 for all three species were 

selected because they satisfy NMFS’s 

obligation to implement specifications 

that are consistent with the goals, 

objectives, and requirements of the 

FMP, its implementing regulations, and 

the Magnuson-Stevens Act. The F rates 

associated with the TALs for all three 

species all have very low likelihoods of 

causing overfishing to occur in 2011. 

TAL Alternative 1 for summer flounder 

is also projected to provide the 

necessary continued stock rebuilding to 

achieve the SSBMSY by the rebuilding 

period ending date of January 1, 2013. 

The revenue decreases associated 

with allocating a portion of available 

catch to the RSA program are expected 

to be minimal, and are expected to yield 

important benefits associated with 

improved fisheries data. It should also 

be noted that fish harvested under the 

RSA program can be sold, and the 

profits used to offset the costs of 

research. As such, total gross revenues 

to the industry are not expected to 

decrease substantially, if at all, as a 

result of this final rule authorizing RSA 

for 2011. 

Small Entity Compliance Guide 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that, for each rule or group 

of related rules for which an agency is 

required to prepare a FRFA, the agency 

shall publish one or more guides to 

assist small entities in complying with 

the rule, and shall designate such 

publications as ‘‘small entity compliance 

guides.’’ The agency shall explain the 

actions a small entity is required to take 

to comply with a rule or group of rules. 

As part of this rulemaking process, a 

small entity compliance guide will be 

sent to all holders of Federal permits 

issued for the summer flounder, scup, 

and black sea bass fisheries. In addition, 

copies of this final rule and guide (i.e., 

permit holder letter) are available from 

NMFS (see ADDRESSES) and at the 

following Web site: http:// 

www.nero.noaa.gov. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: December 21, 2010. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2010–32656 Filed 12–27–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 101116568–0608–01] 

RIN 0648–BA42 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Tilefish 

Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Interim final rule, request for 

comments. 

SUMMARY: NMFS issues this interim 

final rule to amend the cost recovery 

regulations implementing the Tilefish 

Fishery Management Plan (FMP) to 

require the first year cost-recovery fee 

percentage to be calculated based on the 

best estimate of the actual costs 

associated with the management, data 

collection and analysis, and 

enforcement of the individual fishing 

quota (IFQ) allocation program (not to 

exceed 3 percent), rather than to be set 

at the statutory maximum 3 percent of 

the ex-vessel value of tilefish landings. 

DATES: This rule is effective December 

28, 2010. Written comments must be 

received no later than 5 p.m. eastern 

standard time, on January 27, 2011. 

ADDRESSES: This document and other 

supporting material are available online 

at http://www.regulations.gov or http:// 

www.nero.nmfs.gov. You may submit 

comments, identified by RIN number 

0648–BA42, by any of the following 

methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking portal http:// 

www.regulations.gov. 

• Fax: (978) 281–9135, Attn: 

Christopher Biegel. 

• Mail: Patricia A. Kurkul, Regional 

Administrator, NMFS, Northeast 

Regional Office, 55 Great Republic 

Drive, Gloucester, MA 01930. Mark the 

outside of the envelope: ‘‘Comments on 

Tilefish Cost-Recovery Regulatory 

Amendment.’’ 

Instructions: All comments received 

are part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit confidential business 

information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments. Attachments to electronic 

comments will be accepted via 

Microsoft Word, Microsoft Excel, 

WordPerfect, or Adobe PDF file formats 

only. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Biegel, Fishery 

Management Specialist, phone (978) 

281–9112. 

SUPPLEMENTARY INFORMATION: 

Background 

Limited access privilege programs 

(LAPPs) are a management tool 

authorized under section 303A of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) that allow a 

permit holder exclusive harvest of a 

portion of the total allowable catch of a 

fishery, but does not confer any right or 

title to any fish before the fish is 

harvested by the holder. An IFQ is a 

form of LAPP where the harvest permit 

is issued to an individual. Cost-recovery 

for LAPPs is mandated by section 

304(d)(2) of the Magnuson-Stevens Act, 

which states that ‘‘the Secretary * * * 

shall collect a fee to recover the actual 

costs directly related to the 

management, data collection, and 

enforcement of any limited access 

privilege program.’’ 

The tilefish fishery is managed by the 

Mid-Atlantic Fishery Management 

Council (Council) through the Tilefish 

FMP. The final rule implementing 

Amendment 1 to the FMP (74 FR 42580, 

August 24, 2009) established an IFQ 

program which included the required 

cost-recovery provisions. 

Fees are collected to recover the costs 

associated with management, data 


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81506 Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 

collection and analysis, and 

enforcement of IFQ programs. 

Amendment 1 provides that NMFS shall 

determine a cost-recovery fee percentage 

for the tilefish fishery (not to exceed the 

statutory maximum of 3 percent) by 

calculating all the expenditures that are 

directly related to the management, data 

collection and analysis, and 

enforcement of the tilefish IFQ program 

for each fee period (calendar year) and 

then dividing that total by the total exvessel value of all tilefish landings from 

dealer reports for the same time period. 

The resulting percentage is used to 

calculate the individual tilefish IFQ fees 

for each fee period. This fee calculation 

has not been changed from the method 

detailed in the final rule implementing 

Amendment 1. Tilefish IFQ allocation 

permit holders are responsible for 

paying the fee, which is based on the 

value of landings of tilefish authorized 

under his/her tilefish IFQ allocation 

permit. 

When cost-recovery fees have been 

assessed, IFQ allocation permit holders 

have 45 days from the date of the bill 

to submit payment to NMFS. Costrecovery payments are made 

electronically via the Federal Web 

portal, http://www.pay.gov. Electronic 

payment options include payment via a 

credit card, or via direct automated 

clearing house (ACH) withdrawal from 

a designated checking account. 

This interim final rule changes the 

language of the tilefish cost recovery 

regulations at 50 CFR 648.291(h)(1) 

pertaining to the first year cost-recovery 

billing period fee. NMFS initially set the 

fee at a statutory maximum of 3 percent 

of the total ex-vessel value of all 

landings under each permanent IFQ 

allocation permit, including landings of 

allocation that is leased for the first 

year, with any over charges to be 

credited against cost-recovery fees 

assessed in subsequent years. NMFS 

implemented this provision because 

NMFS expected that the information 

necessary to calculate the actual 

recoverable costs would not be available 

prior to sending out recovery fee 

statements for the first fee period. Using 

recently available information on the 

amount of actual costs incurred and the 

value of landings to date during the first 

year of the IFQ program, NMFS has 

estimated that using a fee of 3 percent 

could over charge tilefish allocation 

holders as much as 10 times their actual 

fee liability. This would constitute an 

unnecessary and excessive fee to the 

affected industry and, as such, would be 

contrary to the public interest. The new 

regulations require the first year fee 

percentage to be calculated based on the 

best estimate of the actual costs 

associated with the management, data 

collection and analysis, and 

enforcement of the IFQ allocation 

program (not to exceed 3 percent). 

Classification 

The Administrator, North East Region, 

NMFS, determined that the FMP costrecovery regulatory amendment is 

necessary for the conservation and 

management of the tilefish fishery and 

that it is consistent with the MagnusonStevens Fishery Conservation and 

Management Act and other applicable 

laws. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(B), the 

Assistant Administrator for Fisheries, 

NOAA, finds good cause to waive prior 

notice and opportunity for additional 

public comment for this action because 

any delay of this action would be 

unnecessary, impracticable, and 

contrary to the public interest. This 

amendment includes revisions that 

make only minor, non-substantive 

changes in order to avoid imposing 

unnecessarily high fees on tilefish IFQ 

holders. The regulatory provisions that 

this rule modify had set the costrecovery fee for the first year at 3 

percent of landed value of tilefish which 

is the maximum allowed by the 

Magnuson-Stevens Act. NMFS 

established this fee because NMFS 

expected that the information necessary 

to calculate the actual fee for the first 

year would be unavailable as the costrecovery fee bills must be mailed near 

the end of the fee period. However, the 

information necessary to calculate the 

actual cost-recovery fee has recently 

become available, so NMFS has been 

able make the calculation before the end 

of the fee period. The actual fees 

calculated were significantly less than 

the 3 percent of landed value of tilefish. 

Also, although fee payment overages are 

credited against cost-recovery fees 

assessed in subsequent years, there is a 

concern that some fishermen may leave 

the fishery and not be able to recover 

their fee payment overage as there is no 

mechanism in the regulations that 

allows for such a repayment. Soliciting 

prior public comment on, and delaying 

the effective date of this rule, could 

prevent NMFS from billing IFQ holders 

for the actual cost-recovery fees and 

impose an unnecessary burden on the 

industry. 

Moreover, pursuant to 5 U.S.C. 

553(d), the Assistant Administrator 

finds good cause to waive the 30-day 

delay in effective date for the reasons 

given above. 

Because prior notice and opportunity 

for public comment are not required for 

this rule by 5 U.S.C. 553, or any other 

law, the analytical requirements of the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq., are inapplicable. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated: December 21, 2010. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 648 is amended 

as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

■ 1. The authority citation for part 648 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. 

■ 2. In § 648.291, paragraph (h)(1) is 

revised to read as follows: 

§ 648.291 Individual fishing quota. 

* * * * * 

(h) * * * 

(1) NMFS determination of the total 

annual recoverable costs of the tilefish 

IFQ program. The Regional 

Administrator shall determine the costs 

associated with the management, data 

collection and analysis, and 

enforcement of the IFQ allocation 

program. The recoverable costs will be 

divided by the amount of the total exvessel value of all tilefish IFQ landings 

during the cost-recovery billing period 

to derive a percentage. IFQ allocation 

permit holders will be assessed a fee 

based on this percentage times the total 

ex-vessel value of all landings under 

their permanent IFQ allocation permit, 

including landings of allocation that is 

leased. This fee shall not exceed 3 

percent of the total value of tilefish 

landings of the IFQ Allocation permit 

holder. If NMFS determines that the 

costs associated with the management, 

data collection and analysis, and 

enforcement of the IFQ allocation 

program exceed 3 percent of the total 

value of tilefish landings, only 3 percent 

are recoverable. 

(i) Valuation of IFQ Allocation. The 

3-percent limitation on cost-recovery 

fees shall be based on the ex-vessel 

value of landed allocation. The exvessel value for each pound of tilefish 

landed by an IFQ allocation holder shall 

be determined from Northeast Federal 

dealer reports submitted to NMFS, 

which contain the price per pound at 

the time of dealer purchase. 


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Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Rules and Regulations 81507 

(ii) [Reserved] 

* * * * * 

[FR Doc. 2010–32691 Filed 12–27–10; 8:45 am] 

BILLING CODE 3510–22–P 


srobinson on DSKHWCL6B1PROD with RULES