[Federal Register Volume 70, Number 228 (Tuesday, November 29, 2005)]
[Proposed Rules]
[Pages 71449-71450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23464]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 600

[Docket No. 041029298-5292-05; I.D. 091505E]
RIN 0648-AS38


Magnuson-Stevens Act Provisions; Fishing Capacity Reduction 
Program; Pacific Coast Groundfish Fishery; California, Washington, and 
Oregon Fisheries for Coastal Dungeness Crab and Pink Shrimp; Industry 
Fee Collection System for Fishing Capacity Reduction Loan

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

ACTION: Proposed rule.

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SUMMARY:  NMFS publishes this proposed rule to clarify that the fee 
regulations for the Pacific Coast groundfish fishing capacity reduction 
program do not apply to any shrimp landed under Washington State 
fishing licenses for Puget Sound shrimp. The fee regulations remain 
otherwise unchanged. The intent of this proposed rule is to clarify 
that the fee rules do not apply to the Puget Sound licenses.

DATES: Written comments on this proposed rule must be received by 
December 14, 2005.

ADDRESSES: You may submit comments by any of the following methods:
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#51616765697c10026269113f3e30307f363e27"><span class="__cf_email__" data-cfemail="b48482808c99f5e7878cf4dadbd5d59ad3dbc2">[email protected]</span></a>. Include in the subject line 
the following identifier: Pacific Coast Groundfish Buyback RIN 0648-
AS38. E-mail comments, with or without attachments, are limited to 5 
megabytes.
    <bullet> Federal e-Rulemaking Portal: http:www.regulations.gov.
    <bullet> Mail: Michael L. Grable, Chief, Financial Services 
Division, National Marine Fisheries Service, 1315 East-West Highway, 
Silver Spring, MD 20910-3282.
    <bullet> Fax: (301) 713-1306.

FOR FURTHER INFORMATION CONTACT: Michael L. Grable, Financial Services 
Division, NMFS headquarters, at 301-713-2390.

SUPPLEMENTARY INFORMATION:

Electronic Access

    This Federal Register document is also accessible via the Internet 
at the Office of the Federal Register's website at http://www.access.gpo.gov/su-docs/aces/aces140.html.

Background

    Section 312(b)-(e) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1861a(b) through (e)) (Magnuson-Stevens Act) 
generally authorizes fishing capacity reduction programs. In 
particular, Magnuson-Stevens Act section 312(d) authorizes industry fee 
systems for repaying fishing capacity reduction loans which finance 
program costs.
    Section 212 of Division B, Title II, of Public Law 108-7 (section 
212) specifically authorizes the Pacific Coast groundfish fishing 
capacity reduction program. Pursuant to section 212, NMFS implemented 
the groundfish program by a July 18, 2003, Federal Register notice (68 
FR 42613). On July 13, 2005, NMFS published this program's fee 
regulations as a final rule (70 FR 40225) which is codified under 
subpart M at Sec.  600.1102.
    The fee regulations require the payment and collection of fees as 
percentages of the ex-vessel value of certain fish landed in both a 
``reduction fishery'' and in certain ``fee-share fisheries''. One of 
the fee-share fisheries is the Washington State fishery for pink 
shrimp.
    Section 212 defines a ``fee-share fishery'' as ``a fishery, other 
than the reduction fishery, whose members are eligible to vote in a 
referendum for an industry fee system . . . .'' Section 212 also 
provides that ``persons who have been issued . . . Washington . . . 
Pink shrimp permits shall be eligible to vote in the referendum . . . 
.'' Consequently, under section 212, the fee-share fishery involving 
Washington pink shrimp is the fishery for pink shrimp conducted by 
person whom Washington has issued a ``pink shrimp permit.''
    At the time the proposed and final rules were published, NMFS was 
aware of only one ``pink shrimp'' fishery. NMFS became aware after 
publication of both the groundfish program notice and the program's 
subsequent fee regulations of the existence of two additional 
Washington State licenses involving pink shrimp other then the ``pink 
shrimp'' licenses themselves.
    These additional Washington State licenses are the ``Puget Sound 
Shrimp Pots'' licenses and ``Puget Sound Shrimp Trawl'' licenses. 
Although both these Puget Sound shrimp licenses involve some pink 
shrimp harvests in Puget Sound, both involve the harvest of other types 
of shrimp as well. The Washington ``pink shrimp'' permits issued for 
Puget Sound were not intended to be included in the Washington fee-
share fishery involving pink shrimp.

[[Page 71450]]

    The fee regulations, consequently, did not specifically exclude 
from fee payment and collection pink shrimp caught under the two Puget 
Sound shrimp licenses. The holders of the Puget Sound shrimp licenses 
did not vote in the groundfish program's fee referendum and NMFS did 
not include the ex-vessel value of pink shrimp landed under the Puget 
Sound licenses in the required section 212 formula both for referendum 
vote weighting and for establishing the reduction loan sub-amounts for 
whose repayment the reduction fishery and each of the fee-share 
fisheries were responsible.
    The Puget Sound shrimp fisheries are not a fee-share fishery and 
section 212 does not authorize the payment and collection of fees on 
any shrimp, including pink shrimp, harvested under the Puget Sound 
shrimp licenses. Nevertheless, the fee regulations do not clearly 
exclude pink shrimp harvested under the Puget Sound shrimp licenses 
because NMFS was unaware of these licenses' existence until after 
adopting a final fee rule.
    Fee collection and payment began on September 8, 2005, and this 
proposed rule is necessary to clarify that the fee-share fishery 
involving Washington pink shrimp includes only that portion of the 
Washington pink shrimp which is harvested by persons to whom Washington 
issued ocean pink shrimp licenses.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), has 
determined that this proposed rule is consistent with the Magnuson-
Stevens Act and other applicable laws.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS has certified to the Small Business Administration, under 
Section 605(b) of the Regulatory Flexibility Act, that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    There are currently six trawl fishing licenses in the Puget Sound 
within the Washington State shrimp fishery and 115 trawl fishing 
licenses total within the Washington State Ocean pink shrimp fishery 
according to the Washington Department of Fish and Wildlife. This 
regulation would apply to all 121 trawl fishing licenses issued in the 
Washington State shrimp fishery, although it will only directly affect 
the 6 Washington State Puget Sound shrimp license holders.
    This proposed rule seeks to revise the regulations to expressly 
exclude the holders of the Puget Sound shrimp licenses from the 
groundfish program's fee collection system. The holders of the Puget 
Sound shrimp licenses did not vote in the groundfish program's fee 
referendum and NMFS did not include the ex-vessel value of pink shrimp 
landed under the Puget Sound licenses both for referendum vote 
weighting and for establishing the reduction loan sub-amounts for whose 
repayment the reduction fishery and each of the fee-share fisheries 
were responsible. The Puget Sound shrimp fisheries are not a fee-share 
fishery and the statute that created the program does not authorize the 
payment and collection of fees on any shrimp, including pink shrimp, 
harvested under the Puget Sound shrimp licenses.
    The change to the regulations will have a de minimis impact on 
those remaining in the fishery because the total payments from the non-
fee-share fisheries are minor. The total fee to be collected for any 
given year is calculated based on a formula using projected landings, 
the interest rate, and the amortization schedule, and it is calculated 
in advance for the entire year. In determining the annual fee, the 
contributions from holders of the Puget Sound shrimp licenses were not 
considered in the calculation. The collection of fees from holders of 
the Puget Sound shrimp licenses would result in the repayment of fees 
above what was expected for this year. As a result of the additional 
revenue, the buyback loan would be repaid slightly earlier than 
expected and would result in a slight decrease in the overall amount of 
interest accrued on the loan. Removal of the holders of the Puget Sound 
shrimp licenses would only slightly negatively impact the remaining 
pink shrimp licence holders because the contributions from the non-fee-
share fisheries are small compared to the overall reduction loan 
amount. The contributions from the holders of Puget Sound shrimp 
licences represents only 5 percent of the total reduction loan amount. 
Although the impact of this rule is small, this proposed rule is 
necessary to ensure that holders of the Puget Sound shrimp licenses are 
excluded from the requirement to pay fees on pink shrimp landings. 
These six license holders would be positively affected by this proposed 
rule through their exemption from a fee they were not intended to have 
to pay.

List of Subjects in 50 CFR Part 600

    Fisheries, Fishing capacity reduction, Fishing permits, Fishing 
vessels.

    Dated: November 23, 2005.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 600 is 
proposed to be amended as follows:

PART 600--MAGNUSON-STEVENS ACT PROVISIONS

    1. The authority citation for part 600 continues to read as 
follows:

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

Subpart M--Specific Fishery or Program Fishing Capacity Reduction 
Regulations

    2. In Sec.  600.1102, the definition of ``Fee-share fishery'' in 
paragraph (b) is revised, and paragraphs (d)(2)(vi) and (i)(1)(vi) are 
revised to read as follows:


Sec.  600.1102  Pacific Coast groundfish fee.

* * * * *
    (b) * * *
    Fee-share fishery means each of the fisheries for coastal Dungeness 
crab and pink shrimp in each of the states of California and Oregon and 
the fishery for coastal Dungeness crab and ocean pink shrimp in the 
State of Washington.
* * * * *
    (d) * * *
    (2) * * *
    (vi) Washington ocean pink shrimp fee-share fishery, $259,400.
* * * * *
    (i) * * *
    (1) * * *
    (vi) All fee collections from the Washington ocean pink shrimp fee-
share fishery shall be accounted for in a Washington ocean shrimp fee-
share fishery subaccount, and
* * * * *
[FR Doc. 05-23464 Filed 11-28-05; 8:45 am]
BILLING CODE 3510-22-S


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