101568 Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Notices 

species for marine mammals from the 

planned survey would be temporary and 

spatially limited and impacts to marine 

mammal foraging would be minimal; 

and 

• The planned mitigation measures 

are expected to reduce the number and 

severity of takes, to the extent 

practicable, by visually detecting marine 

mammals within the established zones 

and implementing corresponding 

mitigation measures (e.g., delay; 

shutdown). 

Based on the analysis contained 

herein of the likely effects of the 

specified activity on marine mammals 

and their habitat, and taking into 

consideration the implementation of the 

planned monitoring and mitigation 

measures, NMFS finds that the total 

marine mammal take from the planned 

activity will have a negligible impact on 

all affected marine mammal species or 

stocks. 

Small Numbers 

As noted previously, only take of 

small numbers of marine mammals may 

be authorized under sections 

101(a)(5)(A) and (D) of the MMPA for 

specified activities other than military 

readiness activities. The MMPA does 

not define small numbers and so, in 

practice, where estimated numbers are 

available, NMFS compares the number 

of individuals taken to the most 

appropriate estimation of abundance of 

the relevant species or stock in our 

determination of whether an 

authorization is limited to small 

numbers of marine mammals. When the 

predicted number of individuals to be 

taken is fewer than one-third of the 

species or stock abundance, the take is 

considered to be of small numbers. 

Additionally, other qualitative factors 

may be considered in the analysis, such 

as the temporal or spatial scale of the 

activities. 

The number of takes NMFS is 

authorizing is below one-third of the 

modeled abundance for all relevant 

populations (specifically, take of 

individuals is less than 3 percent of the 

modeled abundance of each affected 

population, see table 6). This is 

conservative because the modeled 

abundance represents a population of 

the species and we assume all takes are 

of different individual animals, which is 

likely not the case. Some individuals 

may be encountered multiple times in a 

day, but PSOs would count them as 

separate individuals if they cannot be 

identified. 

Based on the analysis contained 

herein of the planned activity (including 

the mitigation and monitoring 

measures) and the anticipated take of 

marine mammals, NMFS finds that 

small numbers of marine mammals 

would be taken relative to the 

population size of the affected species 

or stocks. 

Unmitigable Adverse Impact Analysis 

and Determination 

There are no relevant subsistence uses 

of the affected marine mammal stocks or 

species implicated by this action. 

Therefore, NMFS has determined that 

the total taking of affected species or 

stocks would not have an unmitigable 

adverse impact on the availability of 

such species or stocks for taking for 

subsistence purposes. 

Endangered Species Act 

Section 7(a)(2) of the ESA of 1973 (16 

U.S.C. 1531 et seq.) requires that each 

Federal agency insure that any action it 

authorizes, funds, or carries out is not 

likely to jeopardize the continued 

existence of any endangered or 

threatened species or result in the 

destruction or adverse modification of 

designated critical habitat. To ensure 

ESA compliance for the issuance of 

IHAs, NMFS consults internally 

whenever we propose to authorize take 

for endangered or threatened species. 

The NMFS Office of Protected 

Resources (OPR) ESA Interagency 

Cooperation Division has issued a 

Biological Opinion under section 7 of 

the ESA, on the issuance of an IHA to 

NSF under section 101(a)(5)(D) of the 

MMPA by the NMFS OPR ESA 

Interagency Cooperation Division. The 

Biological Opinion concluded that the 

action is not likely to jeopardize the 

continued existence of ESA-listed 

humpback whales (Western North 

Pacific DPS), blue whales, fin whales, 

sei whales, and sperm whales. 

National Environmental Policy Act 

To comply with the National 

Environmental Policy Act of 1969 

(NEPA; 42 U.S.C. 4321 et seq.) and 

NOAA Administrative Order (NAO) 

216–6A, NMFS must review our action 

(i.e., the issuance of an IHA) with 

respect to potential impacts on the 

human environment. 

This action is consistent with 

categories of activities identified in 

Categorical Exclusion B4 (IHAs with no 

anticipated serious injury or mortality) 

of the Companion Manual for NAO 216– 

6A, which do not individually or 

cumulatively have the potential for 

significant impacts on the quality of the 

human environment and for which we 

have not identified any extraordinary 

circumstances that would preclude this 

categorical exclusion. Accordingly, 

NMFS has determined that the issuance 

of the IHA qualifies to be categorically 

excluded from further NEPA review. 

Authorization 

NMFS has issued an IHA to L–DEO 

for the potential harassment of small 

numbers of 28 marine mammal species 

incidental to the marine geophysical 

survey in the Nauru Basin of greater 

Micronesia in the NW Pacific Ocean 

that includes the previously explained 

mitigation, monitoring and reporting 

requirements. 

Dated: December 11, 2024. 

Kimberly Damon-Randall, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2024–29552 Filed 12–13–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE428] 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

Trawl Rationalization Program; 2025 

Cost Recovery Fee Notice 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; 2025 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 2025 cost recovery fee 

percentages and the average mothership 

(MS) price per pound to be used in the 

catcher/processor (C/P) Co-op program 

to calculate the fee amount for the 

upcoming calendar year. For the 2025 

calendar year, NMFS announces the 

following fee percentages by sector 

specific program: 3.0 percent for the 

Shorebased Individual Fishing Quota 

(IFQ) Program; 0.1 percent for the C/P 

Co-op Program; and 3.0 percent for the 

MS Co-op Program. For 2025, the MS 

pricing to be used as a proxy by the C/ 

P Co-op Program is $0.09/lb for Pacific 

whiting. 

DATES: Applicable January 1, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Biegel, (503) 231–6291, 

christopher.biegel@noaa.gov. 

SUPPLEMENTARY INFORMATION: Section 

304(d)(2)(A) of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (MSA) authorizes and requires 

NMFS to collect fees to recover the costs 


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Federal Register / Vol. 89, No. 241 / Monday, December 16, 2024 / Notices 101569 

directly related to the management, data 

collection and analysis, and 

enforcement connected 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 (MSA 

section 303A(e), 16 U.S.C. 1853a(e)). 

Section 304(d)(2)(B) 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 

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 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 

§ 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 2023 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 2023. 

The fee calculations for the 2025 fee 

percentages are described below. 

IFQ Program: 

• 4.6 percent = $2,112,277.92/ 

$46,413,264.00) × 100. 

C/P Co-op Program: 

• 0.1 percent = ($28,615.21/ 

$21,004,264.86) × 100. 

MS Co-op Program: 

• 5.1 percent = ($322,466.75/ 

$6,321,722.07) × 100. 

However, the calculated fee 

percentage cannot exceed the statutory 

limit of 3.0 percent. Both the IFQ 

Program (4.6 percent) and Co-op 

Program (5.1 percent) fee calculations 

exceed this limit, therefore, the 2025 fee 

percentages for these programs are 3.0 

percent. The final 2025 fee percentages 

are 3.0 percent for the IFQ Program, 0.1 

percent for the C/P Co-op Program, and 

3.0 percent for the MS Co-op Program. 

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 the vessel 

registered to a C/P-endorsed limited 

entry trawl permit by the MS pricing. 

NMFS has calculated the 2025 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. 

Dated: December 11, 2024. 

Karen H. Abrams, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2024–29581 Filed 12–13–24; 8:45 am] 

BILLING CODE 3510–22–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 9:30 a.m. EST, 

Wednesday, December 18, 2024. 

PLACE: CFTC Headquarters Conference 

Center, Three Lafayette Centre, 1155 

21st Street NW, Washington, DC. 

STATUS: Open. 

MATTERS TO BE CONSIDERED: The 

Commodity Futures Trading 

Commission (‘‘Commission’’ or 

‘‘CFTC’’) will hold this meeting to 

consider the following matters: 

• Final Rule—Real-Time Public 

Reporting Requirements and Swap Data 

Recordkeeping and Reporting 

Requirements; and 

• Final Rule—Regulations to Address 

Margin Adequacy and to Account for 

the Treatment of Separate Accounts by 

Futures Commission Merchants. 


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