54652 Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Rules and Regulations 

National Defense Authorization Act for 

Fiscal Year 2005 (Pub. L. 108–375). 

Section 814 requires DoD to provide 

notice and supporting rationale to 

Congress before awarding a multiyear 

contract containing a cancellation 

ceiling exceeding $100 million that is 

not fully funded. Section 8008 places 

additional restrictions on the award of 

multiyear contracts for supplies using 

fiscal year 2005 appropriated funds. 

DoD received no comments on the 

interim rule. Therefore, DoD has 

adopted the interim rule as a final rule 

without change. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

DoD certifies that this final rule will 

not have a significant economic impact 

on a substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., 

because the rule addresses internal DoD 

planning, budgeting, and reporting 

requirements related to the award of 

multiyear contracts. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the rule does not 

impose any information collection 

requirements that require the approval 

of the Office of Management and Budget 

under 44 U.S.C. 3501, et seq. 

List of Subjects in 48 CFR Part 217 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

Interim Rule Adopted as Final Without 

Change 

■ Accordingly, the interim rule 

amending 48 CFR Part 217, which was 

published at 70 FR 24323 on May 9, 

2005, is adopted as a final rule without 

change. 

[FR Doc. 05–18475 Filed 9–15–05; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 600 

[Docket No. 050520139-5239-02; I.D. 

030305A] 

RIN 0648–AS46 

Magnuson-Stevens Act Provisions; 

Fishing Capacity Reduction Program; 

Bering Sea/Aleutian Islands King and 

Tanner Crabs; Industry Fee System for 

Fishing Capacity Reduction Loan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS establishes regulations 

to implement an industry fee system for 

repaying a $97,399,357.11 Federal loan 

financing a fishing capacity reduction 

program in the Bering Sea/Aleutian 

Islands King and Tanner Crab fishery. 

This action implements the fee system. 

DATES: This final rule is effective, and 

crab program fee payment collection 

will begin, on October 17, 2005. 

ADDRESSES: Copies of the 

Environmental Assessment, Regulatory 

Impact Review, and Final Regulatory 

Flexibility Analysis (EA/RIR/FRFA) for 

the program may be obtained from 

Michael L. Grable, Chief, Financial 

Services Division, National Marine 

Fisheries Service, 1315 East-West 

Highway, Silver Spring, MD 20910–

3282. 

Written comments involving the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this final rule 

should be submitted in writing to 

Michael L. Grable, at the above address, 

and to David Rostker, Office of 

Management and Budget (OMB), by email at DavidlRostker@omb.eop.gov or 

by fax to 202–395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Michael L. Grable, (301) 713–2390. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Sections 312(b)-(e) of the MagnusonStevens Fishery Conservation and 

Management Act (16 U.S.C. 1861a(b) 

through (e)) generally authorized fishing 

capacity reduction programs. In 

particular, section 312(d) authorized 

industry fee systems for repaying the 

reduction loans which finance 

reduction program costs. 

Subpart L of 50 CFR part 600 is the 

framework rule generally implementing 

sections 312(b)-(e). 

Sections 1111 and 1112 of the 

Merchant Marine Act, 1936 (46 App. 

U.S.C. 1279f and 1279g) generally 

authorized reduction loans. 

The Consolidated Appropriations Act 

of 2001 (Public Law 106–554) directed 

the Secretary of Commerce to establish 

a $100 million fishing capacity 

reduction program in the Bering Sea/ 

Aleutian Islands king and Tanner crab 

fishery. Congress amended the 

authorizing Act twice (Public Law 107–

20 and Public Law 107–117), once to 

change the crab reduction program’s 

funding from a $50 million 

appropriation and a $50 million loan to 

a $100 million loan and once to clarify 

provisions about crab fishery vessels. 

NMFS published the crab reduction 

program’s proposed implementation 

rule on December 12, 2002 (67 FR 

76329) and its final rule on December 

12, 2003 (68 FR 69331). Anyone 

interested in the program’s full 

implementation details should refer to 

these two documents. NMFS initially 

proposed and adopted the program’s 

implementation rule as section 600.1018 

of Subpart L of 50 CFR part 600, but 

NMFS has since, without other change, 

re-designated the rule as section 

600.1103 in a new subpart M of part 

600. 

To avoid confusion, the following 

table identifies the various part 600 

rules involved in or affecting the crab 

reduction program: 

DESCRIPTION SUBPART SECTION 

Reduction Framework Rule L 600.1000–600.1017 

Program Implementation Rule’s Initial Designation L 600.1018 

Program Implementation Rule’s Re-designation M 600.1103 

Fee Rule M 600.1104 

The crab reduction program’s 

maximum cost was $100 million 

consisting of a 30-year loan to be repaid 

by fees on future crab landings. Each of 

six of the crab fishery’s seven former 

crab area/species endorsement fisheries 

were to pay fees at different rates. In 

return for reduction payments equaling 

their bid amounts, voluntary program 

participants relinquished, among other 

things, their crab fishing license 

limitation program (LLP) licenses and 

other permits, their catch histories 

associated with those licenses and 

Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Rules and Regulations 54653 

permits, and their crab fishing vessels’

worldwide fishing privileges. 

NMFS notice in the Federal Register 

(69 FR 7421) issued the crab reduction 

program’s invitation to bid on February 

17, 2004. The bidding period opened on 

March 5, 2004, and closed on April 23, 

2004. NMFS scored each bid’s amount 

against the bidder’s past ex-vessel crab 

revenues and, in a reverse auction, 

accepted the bids whose amounts were 

the lowest percentages of the revenues. 

Forty-two non-interim crab LLP 

license holders submitted bids totaling 

$192,600,916. NMFS accepted 28 bids 

totaling $99,878,316. The next lowest 

scoring bid would have exceeded the 

program’s maximum cost. 

NMFS next held a referendum about 

the fees. The reduction contracts would 

have become void unless a 2⁄3 majority 

of votes cast in the referendum 

approved the fees. Each crab LLP 

license holder received one vote. NMFS 

mailed ballots to qualifying referendum 

voters and the voting period opened on 

May 7, 2004. The voting period closed 

on June 11, 2004. NMFS received 283 

timely votes, four of which were 

otherwise unresponsive. Approximately 

93 percent (259 votes) approved the 

fees. The referendum appeared to be 

successful. 

Before publishing a reduction 

payment tender notice, however, NMFS 

learned that the crab catch history for 

some reduction/history vessels 

overstated their actual crab catch history 

during the bid scoring period. This 

resulted from a computer programming 

error which multiplied the crab catch 

history of co-owned reduction/history 

vessels times the number of vessel coowners. Accordingly, the bids 

associated with these vessels appeared 

to have more crab catch history during 

the bid scoring period than they actually 

did. This resulted in some inaccurate 

bid scores. 

Because of the government’s 

unilateral mistake, the information 

NMFS provided to the referendum 

voters on May 7, 2004, was materially 

inaccurate. In response, NMFS 

readministered the referendum by 

mailing new ballots to qualifying 

referendum voters. The voting period 

opened on July 9, 2004, and closed on 

July 30, 2004. NMFS received 236 

timely votes. This referendum was not 

successful since only approximately 46 

percent (109) of the votes cast approved 

the fees. 

Because of the first referendum’s 

special circumstances, NMFS decided to 

re-invite bids and held a second 

referendum based on the new bidding 

results. The second bidding period 

opened on August 6, 2004, and closed 

on September 24, 2004. Fifty-five noninterim crab LLP license holders 

submitted bids totaling $225,954,284. 

NMFS again scored each bid’s amount 

against the bidder’s past ex-vessel 

revenues and, in a reverse auction, 

accepted the bids whose amounts were 

the lowest percentages of the revenues. 

NMFS accepted 25 bids totaling 

$97,399,357.11. The next lowest scoring 

bid would have exceeded the program’s 

maximum cost. The accepted bids 

involved 25 fishing vessels as well as 62 

fishing licenses or permits. Twenty-five 

of the permits were non-interim crab 

fishery LLP licenses. The remaining 

included 15 groundfish fishing licenses, 

20 Federal fishery vessel permits, one 

high seas permit, and one halibut 

individual fishing quota share 

allocation. 

NMFS allocated the prospective 

$97,399,357.11 reduction loan to the six 

reduction endorsement fisheries 

involved, as the following sub-amounts: 

1. Bristol Bay red king, 

$17,129,957.23, 

2. BSAI C. opilio and C. bairdi, 

$66,410,767.20, 

3. Aleutian Islands brown king, 

$6,380,837.19, 

4. Aleutian Islands red king, 

$237,588.04, 

5. Pribilof red king and Pribilof blue 

king, $1,571,216.35, and 

6. St. Matthew blue king, 

$5,668,991.10. 

NMFS next held a another fee 

referendum. The reduction contracts 

would have become void unless a 2⁄3

majority of votes cast in the second 

referendum approved the fees. Each 

crab LLP license holder received one 

vote. NMFS mailed ballots to 313 

qualifying referendum voters. The 

voting period opened on October 1, 

2004, and closed on November 15, 2004. 

NMFS received 273 timely votes. Over 

79 percent (217 votes) approved the 

fees. The referendum was successful. 

Accordingly, the reduction contracts 

were in full force and effect. 

On November 24, 2004, NMFS 

published another Federal Register 

notice (69 FR 68313) advising the public 

that NMFS would, beginning on 

December 27, 2004, tender the crab 

reduction program’s reduction 

payments to the 25 accepted bidders. 

On December 27, 2004, NMFS required 

all accepted bidders to then 

permanently stop all further fishing 

with the reduction vessels and permits. 

Subsequently, NMFS: 

1. Disbursed $97,399,357.11 in 

reduction payments to 25 accepted 

bidders; 

2. Revoked the relinquished reduction 

permits; 

3. Revoked each reduction vessel’s 

fishing history; 

4. Notified the National Vessel 

Documentation Center to revoke the 

reduction vessels’ fishery trade 

endorsements and appropriately 

annotate the reduction vessel’s 

document; and 

5. Notified the U.S. Maritime 

Administration to prohibit the reduction 

vessel’s transfer to foreign ownership or 

registry. 

On March 2, 2005, NMFS published 

a final rule (70 FR 10174 et seq), 

effective April 1, 2005, implementing 

Amendments 18 and 19 to the Fishery 

Management Plan for Bering Sea/ 

Aleutian Islands King and Tanner Crab. 

Among other things, this rule added a 

new part 680 to this chapter. 

Amendments 18 and 19 amended the 

crab fishery management plan to 

include the Voluntary Three-Pie 

Cooperative Program, otherwise known 

as the Crab Rationalization Program 

(CRP). 

The CRP involves terminology which 

sometimes differs from the terminology 

in the crab reduction program’s 

implementation rule. For example, the 

CRP uses different terminology for each 

of the eight crab rationalization fisheries 

which, under the crab reduction 

program’s implementation rule, 

constitute only six reduction 

endorsement fisheries. Rather than 

redefining these terms for an already 

completed crab reduction program, this 

action retains these terms and cross 

references them to the new CRP terms. 

The following table cross references 

the terms for the six reduction 

endorsement fisheries involved in the 

crab reduction program with the 

different terminology for the eight crab 

rationalization fisheries involved in the 

CRP: 

REDUCTION ENDORSEMENT FISHERIES CRAB RATIONALIZATION FISHERIES 

Bristol Bay red king Bristol Bay red king 

(BBR) 

BSAI C. opilio and 

C. bairdi 

Bering Sea snow 

(BSS) and Bering 

Sea tanner (BST) 

Aleutian Islands 

brown king 

Eastern Aleutian Islands golden king 

(EAG) and Western 

Aleutian Islands 

golden king (WAG) 

Aleutian Islands red 

king 

Western Aleutian Islands red king (WAI) 

Pribilof red king and 

Pribilof blue king 

Pribilof red king and 

blue king (PIK) 

St. Matthew blue 

king 

St. Matthew blue 

king (SMB) 

Please note that, in two instances, 

what are two separate crab 

54654 Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Rules and Regulations 

rationalization fisheries are together in 

one reduction endorsement fishery. 

Consequently, both of the two separate 

crab rationalization fisheries will, in 

each of the two instances, pay fees at the 

same rate as the one reduction 

endorsement fishery in which the two 

fisheries are included until the one 

fishery’s reduction loan sub-amount, for 

whose payment the two fisheries are 

equally obligated, is fully repaid. 

On July 28, 2005, NMFS published a 

Federal Register document (70 FR 

43673) proposing regulations to 

implement the crab buyback program’s 

industry fee system. 

II. Final Fee Rule 

NMFS has completed the crab 

reduction program except for 

implementing the fee. This final rule 

implements the fee. The final rule will 

be effective, and fee payment and 

collection will begin on, October 17, 

2005. 

The terms defined in § 600.1103 of the 

crab reduction program’s 

implementation rule and in § 600.1000 

of the program’s framework rule apply 

to this action except for the definitions 

of ‘‘reduction endorsement fishery’’ and 

‘‘reduction fishery’’. This action refines 

the definitions of these two terms to 

reflect the post-CRP fishery’s 

circumstances. The new definitions of 

these terms in § 600.1104 supersede the 

old definitions in this subpart’s 

§ 600.1103. 

The framework rule’s § 600.1013 

governs fee payment and collection in 

general, and this action applies the 

§ 600.1013 provisions to the crab 

reduction program. 

Under § 600.1013, the first ex-vessel 

buyers (fish buyers) of post-reduction 

fish (fee fish) subject to an industry fee 

system must withhold the fee from the 

trip proceeds which the fish buyers 

would otherwise have paid to the 

parties (fish sellers) who harvested and 

first sold the fee fish to the fish buyers. 

Fish buyers calculate the fee to be 

collected by multiplying the applicable 

fee rate times the fee fish’s full delivery 

value. Delivery value is the fee fish’s 

full fair market value, including all inkind compensation or other goods or 

services exchanged in lieu of cash. 

Fish sellers pay the fees when fish 

buyers collect by withholding the 

applicable amount from trip proceeds. 

Fee payment and collection is 

mandatory, and there are substantial 

penalties for failing to pay and collect 

fees in accordance with the applicable 

regulations. 

The framework rule’s § 600.1014 

governs how fish buyers must deposit, 

and later disburse to NMFS, the fees 

which they have collected as well as 

how they must keep records of, and 

report about, collected fees. 

Under the framework rule’s 

§ 600.1014, fish buyers must, no less 

frequently than at the end of each 

business week, deposit collected fees in 

segregated and federally insured 

accounts until, no less frequently than 

on the last business day of each month, 

they disburse all collected fees in the 

accounts to a lockbox which NMFS has 

specified for this purpose. Settlement 

sheets must accompany these 

disbursements. Fish buyers must 

maintain specified fee collection records 

for at least 3 years and send NMFS 

annual reports of fee collection and 

disbursement activities. 

To provide more accessible services, 

streamline collections, and save 

taxpayer dollars, fish buyers may 

disburse collected fee deposits to NMFS 

by using a secure Federal system on the 

Internet known as Pay.gov. Pay.gov 

enables fish buyers to use their checking 

accounts to electronically disburse their 

collected fee deposits to NMFS. Fish 

buyers who have access to the Internet 

should consider using this quick and 

easy collected fee disbursement method. 

Fish buyers may access Pay.gov by 

going directly to Pay.gov’s Federal 

website at: http://www.pay.gov/paygov/ 

. 

Fish buyers who do not have access 

to the Internet or who simply do not 

wish to use the Pay.gov electronic 

system, must disburse their collected fee 

deposits to us by sending their checks 

to our lockbox. Our lockbox’s address is: 

NOAA Fisheries BSAI Crab Buyback 

P O Box 979060 

St. Louis, MO 63197–9000 

Fish buyers’ must not forget to 

include with their disbursements the fee 

collection report applicable to each 

disbursement. The fee collection report 

tells NMFS how much of the 

disbursement it must apply to each of 

the six reduction endorsement fisheries 

subamounts. Fish buyers using Pay.gov 

will find an electronic fee collection 

report form to receive information and 

accompany electronic disbursements. 

Fish buyers who do not use Pay.gov 

must include a hard copy fee collection 

report with each of their disbursements. 

Fish buyers not using Pay.gov may also 

access the NMFS website for an Excel 

spreadsheet version of the fee collection 

report at: http://www.nmfs.noaa.gov/ 

mb/financiallservices/. 

NMFS will, before the fee’s effective 

date, separately mail a copy of this 

notice, along with detailed fee payment, 

collection, deposit, disbursement, 

recording, and reporting information 

and guidance, to each fish seller and 

fish buyer of whom NMFS has notice. 

The fact that any fish seller or fish buyer 

might not, however, receive from NMFS 

a copy of the notice or of the 

information and guidance does not 

relieve the fish seller or fish buyer from 

his fee obligations under the applicable 

regulations. 

All parties interested in this action 

should carefully read the following 

framework rule sections, whose detailed 

provisions apply to the fee system for 

repaying the crab reduction program’s 

loan: 

1. § 600.1012; 

2. § 600.1013; 

3. § 600.1014; 

4. § 600.1015; 

5. § 600.1016; and 

6. § 600.1017. 

You will not understand this action’s 

full requirements unless you read this 

action in conjunction with reading at 

least the framework rule sections listed 

above. 

NMFS, in accordance with the 

framework rule’s section 600.1013(d), 

establishes the initial fee for the 

program’s six reduction endorsement 

fisheries. NMFS will then separately 

mail notification to each affected fish 

seller and fish buyer of whom NMFS 

has notice. Until this notification, fish 

sellers and fish buyers do not have to 

either pay or collect the fee. The initial 

fee rates applicable to each reduction 

endorsement fishery are as indicated in 

the last column of the following table: 

REDUCTION ENDORSEMENT FISHERIES CRAB RATIONALIZATION FISHERIES LOAN SUB-AMOUNT FEE RATE 

Bristol Bay red king BBR $17,129,957.23 1.9% 

BSAI C. opilio and C. bairdi BSS and BST $66,410,767.20 5.0% 

Aleutian Islands brown king EAG and WAG $6,380,837.19 2.6% 

Aleutian Islands red king WAI $237,588.04 5.0% 

Pribilof red king and Pribilof blue king PIK $1,571,216.35 5.0% 

St. Matthew Blue SMB $5,668,991.10 5.0% 

Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Rules and Regulations 54655 

The rates are percentages of delivery 

value. Please see the framework rule’s 

§ 600.1000 for the definition of 

‘‘delivery value’’ and of the other terms 

relevant to this final rule. 

Each disbursement of the reduction 

loan’s $97,399,357.11 principal amount 

began accruing interest as of the date of 

each such disbursement. The loan’s 

interest rate will be the applicable rate, 

plus 2 percent, which the U.S. Treasury 

determines at the end of fiscal year 

2005. 

III. Summary of Comments and 

Responses 

NMFS received one comment in 

response to the proposed fee 

regulations. This comment requested 

higher fee rates than the ones in NMFS’

proposed regulations. NMFS’ proposed 

fee rates were, however, the ones 

necessary to amortize the loan 

subamounts in accordance with the 

legislation authorizing the crab 

reduction program, and the final rule 

does not increase these rates. 

Consequently, this action adopts the 

proposed fee regulations without 

revision. 

Classification 

The Assistant Administrator for 

Fisheries, NMFS, determined that this 

final rule is consistent with the 

Magnuson-Stevens Fishery 

Conservation and Management Act and 

other applicable laws. 

In compliance with the National 

Environmental Policy Act, NMFS 

prepared an environmental assessment 

for the crab reduction program’s final 

implementing rule (December 12, 2003; 

68 FR 69331). The assessment discusses 

the program’s impact on the natural and 

human environment. The assessment 

resulted in a finding of no significant 

impact. The assessment considered, 

among other alternatives, the 

implementation of the fee payment and 

collection in this action. NMFS will 

provide a copy of the assessment upon 

request (see ADDRESSES). 

The Office of Management and Budget 

determined that this rule is significant 

under Executive Order 12866. NMFS 

prepared a Regulatory Impact Review 

for the crab reduction program’s final 

rule. NMFS will provide a copy of the 

review upon request (see ADDRESSES). 

NMFS prepared a Final Regulatory 

Flexibility Analysis for the crab 

reduction program as required by the 

Regulatory Flexibility Act’s section 603. 

The analysis describes the impact this 

final rule would have on small entities. 

NMFS will provide a copy of the 

analysis upon request (see ADDRESSES). 

An analysis summary follows: 

1. Description of Reasons for Action and 

Statement of Objective and Legal Basis 

Please see the initial background 

section of this action’s supplementary 

information, because the information 

there is similar to the analysis in this 

regard. 

2. Description of Small Entities to 

Which the Rule Applies 

The Small Business Administration 

has defined small entities to be all fish 

harvesting businesses which are 

independently owned and operated, are 

not dominant in their field of operation, 

and have annual receipts of $3.5 million 

or less. The definition also includes 

processors with 500 or fewer employees 

involved in related industries such as 

canned and cured fish and seafood or 

preparing fresh fish and seafood. 

Moreover, the definition also includes 

virtually all harvesting vessels. 

3. Description of Recordkeeping and 

Compliance Costs 

Please see this action’s collection-ofinformation requirements following the 

analysis. 

4. Duplication or Conflict with Other 

Federal Rules 

This rule does not duplicate or 

conflict with any federal rules. 

5. Description of Significant 

Alternatives Considered 

NMFS considered three alternatives: 

(1) status quo (no fees); (2) buyback with 

uniform fees; and (3) buyback with 

weighted (by reduction endorsement 

fishery) fees. 

Status Quo (Alternative 1) 

Under the status quo, vessel revenues 

would not be affected. The status quo is 

a significant alternative to this action 

because the former involves no fees and 

the latter does. NMFS could not choose 

this alternative because it is contrary to 

Public Law 106–554. 

Uniform Loan Repayment Fees 

(Alternative 2) 

Under Alternative 2, NMFS would 

apply one fee to the entire crab fishery 

rather than assigning a different fee to 

each of the six reduction endorsement 

fisheries based on their proportional bid 

crab values. NMFS could not choose 

this alternative because it is contrary to 

Public Law 106–554. 

Repayment Fees (Alternative 3) 

Under Alternative 3, NMFS would 

assign a different fee rate for each of the 

six reduction endorsement fisheries 

based on their proportional bid crab 

values. Like Alternative 2, Alternative 3 

would adversely affect vessel revenues. 

Nevertheless, Alternative 3 is the most 

equitable because it apportions 

repayment obligations based on the 

actual reduction benefits which each 

reduction endorsement fishery actually 

received. This is the preferred 

alternative both because it is the most 

equitable and Public Law 106–554 

requires this alternative’s method. 

6. Steps the Agency Has Taken to 

Mitigate Negative Effects of the Action 

With the lack of available cost data, 

increases in revenues may serve as a 

proxy for increased profitability. 

Further, in light of available revenue 

data, and assuming that each individual 

vessel shares in the increased revenues 

resulting from the crab buyback 

program, the comparison of the relative 

effects of the program versus the effects 

of the fees show that overall economic 

benefits of the program would still be 

greater than the relative fees charged 

under this rule. NMFS is not aware of 

any other measures that could reduce 

the impact on small entities and still 

meet statutory requirements. 

This final rule contains collection-ofinformation requirements subject to the 

Paperwork Reduction Act. OMB has 

approved these information collections 

under OMB control number 0648–0376. 

NMFS estimates that the public 

reporting burden for these requirements 

will average: 

1. Two hours for submitting a 

monthly fish buyer settlement sheet; 

2. Four hours for submitting an 

annual fish buyer report; and 

3. Two hours for making a fish buyer/ 

fish seller report when one party fails to 

either pay or collect the fee. 

These response estimates include the 

time for reviewing instructions, 

searching existing data sources, 

gathering and maintaining the data 

needed, and completing and reviewing 

the information collection. 

Send comments regarding this burden 

estimate, or any other aspect of this data 

collection, including suggestions for 

reducing the burden, to both NMFS and 

OMB (see ADDRESSES). 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, and no person is subject to 

a penalty for failure to comply with, any 

information collection subject to the 

Paperwork Reduction Act unless that 

information collection displays a 

currently valid OMB control number. 

List of Subjects in 50 CFR Part 600 

Fisheries, Fishing capacity reduction, 

Fishing permits, Fishing vessels, 

Intergovernmental relations, Loan 

54656 Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Rules and Regulations 

programs business, Reporting and 

recordkeeping requirements. 

Dated: September 13, 2005. 

John Oliver, 

Deputy Assistant Administrator for 

Operations, National Marine Fisheries 

Service. 

■ For the reasons in the preamble, the 

National Marine Fisheries Service 

amends 50 CFR part 600 as follows: 

PART 600—MAGNUSON-STEVENS 

ACT PROVISIONS 

■ 1. The authority citation for part 600 

continues to read as follows: 

Authority: 5 U.S.C. 561, 16 U.S.C. 1801 et 

seq., 16 U.S.C. 1861a(b) through (e), 46 App. 

U.S.C. 1279f and 1279g, section 144(d) of 

Division B of Pub. L. 106–554, section 2201 

of Pub. L. 107–20, section 205 of Pub. L. 107–

117, Pub. L. 107–206, and Pub. L. 108–7. 

■ 2. Section 600.1104 text is added to 

read as follows: 

§ 600.1104 Bering Sea and Aleutian 

Islands (BSAI) crab species fee payment 

and collection system. 

(a) Purpose. As authorized by Public 

Law 106–554, this section’s purpose is 

to: 

(1) In accordance with § 600.1012 of 

subpart L, establish: 

(i) The borrower’s obligation to repay 

a reduction loan, and 

(ii) The loan’s principal amount, 

interest rate, and repayment term; and 

(2) In accordance with § 600.1013 

through § 600.1016 of subpart L, 

implement an industry fee system for 

the reduction fishery. 

(b) Definitions. Unless otherwise 

defined in this section, the terms 

defined in § 600.1000 of subpart L and 

§ 600.1103 of this subpart expressly 

apply to this section. The following 

terms have the following meanings for 

the purpose of this section: 

Crab rationalization crab means the 

same as in § 680.2 of this chapter. 

Crab rationalization fisheries means 

the same as in § 680.2 of this chapter. 

Reduction endorsement fishery means 

any of the seven fisheries that § 679.2 of 

this chapter formerly (before adoption of 

part 680 of this chapter) defined as crab 

area/species endorsements, except the 

area/species endorsement for Norton 

Sound red king. More specifically, the 

reduction endorsement fisheries, and 

the crab rationalization fisheries which 

(after adoption of part 680 of this 

chapter) correspond to the reduction 

endorsement fisheries, are: 

(1) Bristol Bay red king (the 

corresponding crab rationalization 

fishery is Bristol Bay red king crab), 

(2) Bering Sea and Aleutian Islands 

Area C. opilio and C. bairdi (the 

corresponding crab rationalization 

fisheries are two separate fisheries, one 

for Bering Sea snow crab and another 

for Bering Sea Tanner crab), 

(3) Aleutian Islands brown king (the 

corresponding crab rationalization 

fisheries are the two separate fisheries, 

one for Eastern Aleutian Islands golden 

king crab and another for Western 

Aleutian Islands golden king crab), 

(4) Aleutian Islands red king (the 

corresponding crab rationalization 

fishery is Western Aleutian Islands red 

king crab), 

(5) Pribilof red king and Pribilof blue 

king (the corresponding crab 

rationalization fishery is Pribilof red 

king and blue king crab), and 

(6) St. Matthew blue king (the 

corresponding crab rationalization 

fishery is also St. Matthew blue king 

crab). 

Reduction fishery means the fishery 

for all crab rationalization crab in all 

crab rationalization fisheries. Subamount means the portion of the 

reduction loan amount for whose 

repayment the borrower in each 

reduction endorsement fishery is 

obligated. 

(c) Reduction loan amount. The 

reduction loan’s original principal 

amount is $97,399,357.11. 

(d) Sub-amounts. The sub-amounts 

are: 

(1) For Bristol Bay red king, 

$17,129,957.23; 

(2) For Bering Sea and Aleutian 

Islands Area C. opilio and C. bairdi, 

$66,410,767.20; 

(3) For Aleutian Islands brown king, 

$6,380,837.19; 

(4) For Aleutian Islands red king, 

$237,588.04; 

(5) For Pribilof red king and Pribilof 

blue king, $1,571,216.35; and 

(6) For St. Matthew blue king, 

$5,668,991.10. 

(e) Interest accrual from inception. 

Interest began accruing on each portion 

of the reduction loan amount on and 

from the date on which NMFS 

disbursed each such portion. 

(f) Interest rate. The reduction loan’s 

interest rate shall be the applicable rate 

which the U.S. Treasury determines at 

the end of fiscal year 2005 plus 2 

percent. 

(g) Repayment term. For the purpose 

of determining fee rates, the reduction 

loan’s repayment term is 30 years from 

January 19, 2005, but each fee shall 

continue indefinitely for as long as 

necessary to fully repay each 

subamount. 

(h) Reduction loan repayment. (1) The 

borrower shall, in accordance with 

§ 600.1012, repay the reduction loan; 

(2) Fish sellers in each reduction 

endorsement fishery shall, in 

accordance with § 600.1013, pay the fee 

at the rate applicable to each such 

fishery’s subamount; 

(3) Fish buyers in each reduction 

endorsement fishery shall, in 

accordance with § 600.1013, collect the 

fee at the rate applicable to each such 

fishery; 

(4) Fish buyers in each reduction 

endorsement fishery shall, in 

accordance with § 600.1014, deposit and 

disburse, as well as keep records for and 

submit reports about, the fees applicable 

to each such fishery; and, 

(5) The reduction loan is, in all other 

respects, subject to the provisions of 

§ 600.1012 through § 600.1017. 

[FR Doc. 05–18444 Filed 9–15–05; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 041126332–5039–02; I.D. 

091205A] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Yellowfin Sole in the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; apportionment 

of reserves; request for comments. 

SUMMARY: NMFS apportions amounts of 

the non-specified reserve of groundfish 

to the yellowfin sole initial total 

allowable catch (ITAC) in the Bering Sea 

and Aleutian Islands management area 

(BSAI). This action is necessary to allow 

the fishery to continue operating. It is 

intended to promote the goals and 

objectives of the fishery management 

plan for the BSAI. 

DATES: Effective September 16, 2005 

through 2400 hrs, Alaska local time, 

December 31, 2005. Comments must be 

received at the following address no 

later than 4:30 p.m., Alaska local time, 

September 28, 2005.