Editorial Note on Part 679
Editorial Note: Nomenclature changes to part 679 appear at 61 FR 56438, Nov. 1, 1996; 62 FR 2047, Jan. 15, 1997; 66 FR 27909, May 21, 2001; 67 FR 79739, Dec. 30, 2002; and 77 FR 6502, Feb. 8, 2012.

§ 679.135 PCTC Program cost recovery. ( a ) *Cost recovery fees* — ( 1 ) *Responsibility.* Each PCTC Program cooperative must comply with the requirements of this section. ( i ) Subsequent transfer of CQ or QS held by PCTC Program cooperative members does not affect the cooperative's liability for noncompliance with this section.
( ii ) Non-renewal of a CQ permit does not affect the cooperative's liability for noncompliance with this section.
( iii ) Changes in the membership in a PCTC Program cooperative, such as members joining or departing during the relevant year, or changes in the amount of QS holdings of those members does not affect the cooperative's liability for noncompliance with this section.
( 2 ) *Fee collection.* PCTC Program cooperatives that receive CQ are responsible for submitting the cost recovery payment for all CQ landings made under the authority of their CQ permit.
( 3 ) *Payment.* ( i ) A cooperative must submit any cost recovery fee liability payment(s) no later than August 31 following the calendar year in which the CQ landings were made.
( ii ) Make electronic payment payable to NMFS.
( iii ) Submit payment and related documents as instructed on the NMFS Alaska Region website as defined at § 679.2.
( iv ) Payment must be made electronically in U.S. dollars using an approved payment method available on the payment website.
( b ) *Pacific cod standard ex-vessel value determination and use.* NMFS will use the standard prices calculated for Pacific cod based on information provided in the Pacific Cod Ex-vessel Volume and Value Report described at § 679.5(u)(1) from the previous calendar year.
( c ) *PCTC Program fee percentage* — ( 1 ) *Fee percentage.* The fee percentage is the amount as determined by the factors and methodology described in paragraph (c)(2) of this section. This amount will be announced by publication in the Federal Register. This amount must not exceed 3.0 percent of the gross ex-vessel value pursuant to 16 U.S.C. 1854(d)(2)(B).
( 2 ) *Calculating fee percentage value.* Each year NMFS shall calculate and publish the fee percentage following the fishing season in which the CQ landings were made, according to the following factors and methodology: ( i ) NMFS must use the following factors to determine the fee percentage: ( A ) The catch to which the PCTC Program cost recovery fee will apply;
( B ) The ex-vessel value of that catch; and
( C ) The costs directly related to the management, data collection, and enforcement of the PCTC Program.
( ii ) NMFS must use the following equations to determine the fee percentage: 100 × DPC/V where: DPC = the direct program costs for the PCTC Program for the previous calendar year with any adjustments to the account from payments received in the previous year. V = total of the standard ex-vessel value of the catch subject to the PCTC cost recovery fee liability for the current year.
( iii ) The calculated fee percentage is applied to the ex-vessel value of CQ landings made in the previous calendar year.
( 3 ) *Applicable fee percentage.* The cooperative must use the fee percentage applicable at the time a PCTC landing is debited from a CQ allocation to calculate the cost recovery fee liability for any retroactive payments for CQ landed.
( 4 ) *Fee liability determination for a cooperative.* ( i ) All cooperatives are subject to a fee liability for any CQ debited from a CQ allocation during a calendar year.
( ii ) The PCTC Program fee liability assessed to a PCTC Program cooperative is based on the proportion of the standard ex-vessel value of Pacific cod debited from the cooperative's CQ relative to all cooperatives during a calendar year as determined by NMFS.
( iii ) NMFS will provide a fee liability summary letter to all cooperatives by no later than August 1 of each year. The summary will explain the fee liability determination including the current fee percentage, details of CQ pounds debited from CQ allocations by permit, species, date, and prices.
( d ) *Underpayment of fee liability.* ( 1 ) Pursuant to § 679.131, no cooperative will receive any CQ unless that cooperative has made full payment of cost recovery liability at the time it applies for CQ.
( 2 ) If a cooperative fails to submit full payment for PCTC Program cost recovery fee liability by the date described in paragraph (a)(3) of this section: ( i ) At any time thereafter the Regional Administrator may send an IAD to the cooperative stating the amount of the cooperative's estimated fee liability that is past due and requesting payment. If payment is not received by the 30th day after the date on the IAD, the agency may pursue collection of the unpaid fees.
( ii ) The Regional Administrator may disapprove any application to transfer CQ to or from the cooperative in accordance with § 679.130.
( iii ) No CQ permit will be issued to that cooperative for that following calendar year and the Regional Administrator may continue to prohibit issuance of a CQ permit for any subsequent calendar years until NMFS receives the unpaid fees.
( iv ) No CQ will be issued based on the QS held by the members of that PCTC Program cooperative to any other CQ permit for any subsequent calendar years until NMFS receives the unpaid fees.
( e ) *Over payment.* Payment submitted to NMFS in excess of the annual PCTC Program cost recovery fee liability for a cooperative will be credited against the cooperative's future cost recovery fee liability unless the cooperative requests the agency refund the over payment. Payment processing fees may be deducted from any fees returned to the cooperative.
( f ) *Appeals.* A cooperative that receives an IAD for incomplete payment of a fee liability may appeal the IAD pursuant to 15 CFR part 906.
( g ) *Annual report.* Each year, NMFS will publish a report describing the PCTC Program cost recovery fee program.