936 Federal Register / Vol. 80, No. 4 / Wednesday, January 7, 2015 / Proposed Rules 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 140304192–4999–01] 

RIN 0648–BE05 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Bering Sea and 

Aleutian Islands Management Area; 

New Cost Recovery Fee Programs 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS issues a proposed rule 

to implement cost recovery fee programs 

for the Western Alaska Community 

Development Quota (CDQ) Program for 

groundfish and halibut, and three 

limited access privilege programs: The 

American Fisheries Act (AFA), Aleutian 

Islands Pollock, and Amendment 80 

Programs. The Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) authorizes 

and requires the collection of cost 

recovery fees for the CDQ Program and 

limited access privilege programs. Cost 

recovery fees recover the actual costs 

directly related to the management, data 

collection, and enforcement of the 

programs. The Magnuson-Stevens Act 

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. This 

action is intended to promote the goals 

and objectives of the Magnuson-Stevens 

Act, the Fishery Management Plan for 

Groundfish of the Bering Sea and 

Aleutian Islands Management Area 

(FMP), and other applicable laws. 

DATES: Comments must be received no 

later than February 6, 2015. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2014–0031, by any of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/

#!docketDetail;D=NOAA-NMFS-2014- 

0031, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Glenn Merrill, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region NMFS, Attn: 

Ellen Sebastian. Mail comments to P.O. 

Box 21668, Juneau, AK 99802–1668. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). Attachments to 

electronic comments will be accepted in 

Microsoft Word, Excel, or Adobe PDF 

file formats only. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this proposed 

rule may be submitted to NMFS at the 

above address and by email to OIRA_

Submission@omb.eop.gov or fax to (202) 

395–5806. 

Electronic copies of the Regulatory 

Impact Review (RIR), and the Initial 

Regulatory Flexibility Analysis (IRFA) 

prepared for this action are available 

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

the NMFS Alaska Region Web site at 

http://alaskafisheries.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Karen Palmigiano, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fisheries in the 

Federal exclusive economic zone (EEZ) 

of the Bering Sea and Aleutian Islands 

Management Area (BSAI) under the 

FMP. The North Pacific Fishery 

Management Council prepared the FMP 

under the authority of the MagnusonStevens Act, 16 U.S.C. 1801 et seq. 

Regulations governing U.S. fisheries and 

implementing this FMP appear at 50 

CFR parts 600 and 679. 

The International Pacific Halibut 

Commission (IPHC) and NMFS manage 

fishing for Pacific halibut through 

regulations established under the 

authority of the Northern Pacific Halibut 

Act of 1982 (Halibut Act). The IPHC 

promulgates regulations governing the 

halibut fishery under the Convention 

between the United States and Canada 

for the Preservation of the Halibut 

Fishery of the Northern Pacific Ocean 

and Bering Sea (Convention). The 

IPHC’s regulations are subject to 

approval by the Secretary of State with 

the concurrence of the Secretary of 

Commerce (Secretary). NMFS publishes 

the IPHC’s regulations as annual 

management measures pursuant to 50 

CFR 300.62. The Halibut Act, at sections 

773c (a) and (b), provides the Secretary 

with general responsibility to carry out 

the Convention and the Halibut Act. 

Table of Contents 

I. Statutory Authority 

A. Limited Access Privilege Programs 

B. CDQ Program Provisions 

C. Maximum Amount and Collection of 

Cost Recovery Fees 

D. Applicability of Section 303A of the 

Magnuson-Stevens Act 

E. Summary of Relevant Magnuson-Stevens 

Act Provisions 

F. Existing Cost Recovery Fee Programs, 

Policies, and Guidance 

II. Background 

A. AFA Program 

B. Aleutian Islands Pollock Program 

C. Amendment 80 Program 

D. CDQ Program 

III. Cost Recovery—General 

A. Person and Permit Subject to Cost 

Recovery Fee Liability 

B. Fee Percentage 

C. Ex-Vessel Value 

D. Ex-Vessel Prices 

E. Information Used to Calculate Ex-Vessel 

Value 

1. Volume and Value Reports 

2. IFQ Buyer Report 

3. Commercial Operator’s Annual Report 

(COAR) 

F. Reimbursable Costs 

G. Fee Liability Notice and Submission 

H. Payment Compliance 

I. Annual Reports 

IV. The Proposed Action 

A. Pollock Cost Recovery Fee Programs 

1. AFA Cost Recovery Fee Program 

Applicable Entities 

2. Aleutian Islands Pollock Cost Recovery 

Fee Program Applicable Entities 

3. Cost, Values, and Fee Percentage 

4. Calculation of Standard Price 

Information 

B. Amendment 80 Cost Recovery Fee 

Program 

1. Amendment 80 Cost Recovery Fee 

Program Applicable Entities 

2. Cost, Values, and Fee Percentage 

3. Calculation of Standard Price 

Information 

C. CDQ Cost Recovery Fee Program 

1. CDQ Cost Recovery Fee Program 

Applicable Entities 

2. Cost, Values, and Fee Percentage 

3. Calculation of Standard Price 

Information 

V. Classification 

A. Initial Regulatory Flexibility Analysis 

B. Description of Significant Alternatives 

Considered 

C. Additional Alternatives Considered 

D. Collection-of-Information Requirements 

I. Statutory Authority 

The primary statutory authority for 

this proposed action is section 304(d) of 

the Magnuson-Stevens Act. Section 

304(d) of the Magnuson-Stevens Act 

specifies that the Secretary is authorized 

and shall collect a fee to recover the 


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actual costs directly related to the 

management, data collection, and 

enforcement of any limited access 

privilege program and community 

development quota program that 

allocates a percentage of the total 

allowable catch of a fishery to such 

program. Section 304(d) also specifies 

that such fee shall not exceed three 

percent of the ex-vessel value of fish 

harvested under any such program. 

A. Limited Access Privilege Programs 

Relevant to section 304(d)(2)(A)(i), 

and the specific programs to which this 

proposed action would apply, section 3 

of the Magnuson-Stevens Act defines a 

‘‘limited access privilege’’ as including 

‘‘an individual fishing quota.’’ Section 3 

of the Magnuson-Stevens Act defines 

‘‘individual fishing quota’’ as ‘‘a Federal 

permit under a limited access system to 

harvest a quantity of fish, expressed by 

a unit or units representing a percentage 

of the total allowable catch of a fishery 

that may be received or held for 

exclusive use by a person. Such term 

does not include community 

development quotas as described in 

section 305(i).’’ The Magnuson-Stevens 

Act and Federal regulations further 

define the terms ‘‘permit,’’ ‘‘limited 

access system,’’ ‘‘total allowable catch,’’ 

and ‘‘person.’’ 

Federal regulations at 50 CFR 679.2 

define a ‘‘permit’’ as ‘‘documentation 

granting permission to fish.’’ Section 3 

of the Magnuson-Stevens Act defines 

‘‘limited access system’’ as ‘‘a system 

that limits participation in a fishery to 

those satisfying certain eligibility 

criteria or requirements contained in a 

fishery management plan or associated 

regulation.’’ 

Federal regulations at § 679.20 define 

the process for establishing a ‘‘total 

allowable catch’’ (TAC) on an annual 

basis for each groundfish fishery 

managed under the FMP. Each year, 

NMFS publishes a final rule to 

implement an annual harvest 

specification establishing a TAC amount 

for each groundfish fishery managed 

under the FMP. For the most recent 

example of the annual harvest 

specifications, see the final 2014 and 

2015 harvest specifications (79 FR 

12108, March 4, 2014). Each year, the 

IPHC establishes an annual catch limit 

that represents the TAC in the 

commercial halibut fishery pursuant to 

its authority under the Convention. The 

annual catch limit is adopted by the 

IPHC each year, and the Secretary of 

State of the United States, with the 

concurrence of the Secretary, can accept 

annual management measures adopted 

by the IPHC. If accepted, NMFS 

publishes the annual management 

measures adopted by the IPHC pursuant 

to 50 CFR 300.62. For the most recent 

example of the annual catch limit, see 

the 2014 annual management measures 

(79 FR 13906, March 12, 2014). 

Section 3 of the Magnuson-Stevens 

Act defines ‘‘person’’ as ‘‘any individual 

(whether or not a citizen or national of 

the United States), any corporation, 

partnership, association, or other entity 

(whether or not organized or existing 

under the laws of any State), and any 

Federal, State, local, or foreign 

government or any entity of any such 

government.’’ 

These definitions mean that the 

Secretary is authorized and required to 

collect a cost recovery fee for fisheries 

in which the person receiving a permit 

to harvest a percentage of the TAC is an 

individual or some other type of nonindividual entity, including a 

corporation, partnership, or fishery 

cooperative. Further, these definitions 

mean that the Secretary is authorized 

and required to collect a cost recovery 

fee for limited access systems 

established under section 303A of the 

Magnuson-Stevens Act, as well as 

individual fishing quotas that are not 

established under section 303A of the 

Magnuson-Stevens Act. The programs 

that would be subject to a cost recovery 

fee under this proposed action were not 

established under the provisions of 

section 303A of the Magnuson-Stevens 

Act, but would be subject to a cost 

recovery fee under the provisions 

applicable to individual fishing quota 

programs. 

Section 304(d)(2)(A) of the MagnusonStevens Act authorizes and requires the 

Secretary to collect a cost recovery fee 

for limited access privilege programs. 

By definition under section 3 of the 

Magnuson-Stevens Act, limited access 

privilege programs include individual 

fishing quota programs. By definition 

under the Magnuson-Stevens Act, the 

AFA Program, Aleutian Islands Pollock 

Program, and Amendment 80 Program 

are individual fishing quota programs, 

because: (1) NMFS issues permits as 

part of a limited access system 

established under each of these 

programs; (2) these permits allow the 

harvest of a quantity of specific fisheries 

representing a portion of the TAC of the 

fisheries managed under each of these 

programs; and (3) these permits are 

received or held for exclusive use by 

specific persons as defined for each of 

these programs. Therefore, NMFS 

proposes to implement cost recovery 

fees for these programs as authorized 

and required in section 304(d)(2) of the 

Magnuson-Stevens Act. Sections III and 

IV of this preamble provide additional 

detail on the specific fisheries subject to 

cost recovery fees, the portions of the 

TACs allocated as a limited access 

privilege, the permits issued, and the 

persons receiving the permits for each of 

these limited access privilege programs. 

NMFS also considered implementing 

a cost recovery fee program, under 

section 304(d) of the Magnuson-Stevens 

Act, for the BSAI Pacific cod allocation 

to the hook-and-line catcher/processors 

that are part of the Freezer Longline 

Coalition Cooperative. However, the 

BSAI Pacific cod allocation to the hookand-line catcher/processors does not 

currently meet the definition of a 

limited access privilege program 

because the Freezer Longline Coalition 

Cooperative does not have an exclusive 

harvest privilege. This issue is 

addressed under the ‘‘Additional 

Alternatives Considered’’ heading in 

section V of this preamble. 

B. CDQ Program Provisions 

Section 304(d)(2)(ii) of the MagnusonStevens Act provides the Secretary with 

the authority and requirement to collect 

fees to recover costs from the CDQ 

Program for fisheries in which a 

percentage of the TAC of a fishery is 

allocated to the CDQ Program. Section 

305(i) of the Magnuson-Stevens Act 

authorizes the CDQ Program and 

specifies the annual percentage of the 

TAC allocated to the CDQ Program in 

each directed fishery of the BSAI. 

Section 305(i) also specifies the method 

for further apportioning the TAC 

allocated to the CDQ Program to specific 

persons, i.e., CDQ groups. Section 305(i) 

also defines these CDQ groups. NMFS 

previously implemented cost recovery 

fees for the amount of BSAI crab fishery 

TACs allocated to the CDQ Program 

under regulations implementing the 

Crab Rationalization Program (70 FR 

10174, March 2, 2005, see regulations at 

§ 680.44) under the authority of section 

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

NMFS proposes to implement cost 

recovery fees for BSAI groundfish and 

halibut TACs allocated to the CDQ 

Program under the authority of section 

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

C. Maximum Amount and Collection of 

Cost Recovery Fees 

Sections 304(d)(2)(B) and (C) of the 

Magnuson-Stevens Act specify an upper 

limit on cost recovery fees, when the 

fees must be collected, and where the 

fees must be deposited. Section 

304(d)(2)(B) provides that the fee shall 

not exceed three percent of the ex-vessel 

value of fish harvested under either a 

limited access privilege program or a 

CDQ program that allocates a percentage 

of the TAC of a fishery to such a 

program. NMFS does not have the 


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authority to collect cost recovery fees 

under section 304(d)(2)(i) when a 

person does not hold or receive 

exclusive use of a percentage of the 

TAC. 

Section 304(d)(2)(B) also states that 

the cost recovery fee must be collected 

at either the time of the landing, filing 

of a landing report, or sale of such fish 

during the fishing season, or in the last 

quarter of the calendar year in which 

the fish were harvested. NMFS proposes 

that all fees for all four programs 

included in this action would be due 

annually by December 31 of the 

calendar year in which the landings 

were made. This complies with the 

requirements of section 304(d)(2)(B). 

Section 304(d)(2)(C) requires that all 

fees be deposited in the Limited Access 

System Administration Fund, which 

was established under section 

305(h)(5)(B). NMFS proposes to collect 

all fees electronically in U.S. dollars by 

automated clearing house, credit card, 

or electronic check drawn on a U.S. 

bank account. Those fees would be 

deposited in the Limited Access System 

Administration Fund. Sections III and 

IV of this preamble provide further 

details on how the fees will be assessed 

and collected for each of the limited 

access privilege programs and the CDQ 

Program. 

D. Applicability of Section 303A of the 

Magnuson-Stevens Act 

NMFS has determined that cost 

recovery fee provisions in section 303A 

do not apply to the cost recovery fee 

program proposed in this rule, 

specifically the requirements in section 

303A(e). The CDQ Program is not a 

limited access privilege program as 

defined in section 3 of the MagnusonStevens Act. Therefore, section 303A(e) 

does not apply to the CDQ Program. 

Section 303A(e) also does not apply to 

the AFA, Aleutian Islands Pollock, and 

Amendment 80 Programs. NMFS based 

this determination on section 303A(i) of 

the Magnuson-Stevens Act. Section 

303A(i) states: ‘‘[t]he requirements of 

this section [303A] shall not apply to 

any quota program, including any 

individual quota program, cooperative 

program, or sector allocation for which 

a Council has taken final action or 

which has been submitted by a Council 

to the Secretary, or approved by the 

Secretary, within 6 months after the 

date of enactment of the MagnusonStevens Fishery Conservation and 

Management Reauthorization Act of 

2006.’’ The Magnuson-Stevens Fishery 

Conservation and Management 

Reauthorization Act of 2006 was 

enacted on January 12, 2007 (Public 

Law 109–479). Therefore, a quota 

program, including any individual 

quota program, cooperative program, or 

sector allocation is not subject to the 

requirements of section 303A(e) if a 

Council took final action on the 

program, a Council submitted the 

program, or the program was approved 

by the Secretary before July 10, 2007. 

All three of the limited access privilege 

programs included in this proposed rule 

were either recommended by the North 

Pacific Fishery Management Council, or 

approved by the Secretary and 

implemented prior to July 10, 2007. 

The AFA Program was approved by 

the Secretary as an FMP amendment on 

February 27, 2002, and implemented in 

a final rule on December 30, 2002 (67 

FR 79692, December 30, 2002). The 

Aleutian Islands Pollock Program was 

approved by the Secretary as an FMP 

amendment on February 9, 2005 and 

implemented as a final rule on March 1, 

2005 (70 FR 9856, March 1, 2005). The 

North Pacific Fishery Management 

Council took final action to recommend 

the Amendment 80 Program on June 9, 

2006. Additional detail on the North 

Pacific Fishery Management Council’s 

final action to recommend the 

Amendment 80 Program is found in the 

final rule implementing the Amendment 

80 Program (72 FR 52668, September 14, 

2007). Therefore, the requirements of 

section 303A(e) of the MagnusonStevens Act do not apply to the AFA, 

the Aleutian Islands Pollock, or the 

Amendment 80 Program. 

Although the AFA, Aleutian Islands 

Pollock, and Amendment 80 Programs 

were not established under the authority 

of section 303A of the MagnusonStevens Act, they do meet the definition 

of a ‘‘limited access privilege’’ under 

section 3 of the Magnuson-Stevens Act. 

A ‘‘limited access privilege’’ includes an 

‘‘individual fishing quota.’’ The AFA, 

Aleutian Islands Pollock, and 

Amendment 80 Programs meet the 

definition of an ‘‘individual fishing 

quota’’ under section 3 of the 

Magnuson-Stevens Act. Specifically, 

under each of these programs, NMFS 

issues ‘‘a Federal permit under a limited 

access system to harvest a quantity of 

fish, expressed by a unit or units 

representing a percentage of the total 

allowable catch of a fishery that may be 

received or held for exclusive use by a 

person.’’ 

E. Summary of Relevant MagnusonStevens Act Provisions 

To summarize, the Magnuson-Stevens 

Act specifies the following with respect 

to the collection of cost recovery fees: 

• Fees must be collected for all 

limited access privilege programs; 

• Fees must be collected for the CDQ 

Program; 

• Fees must recover actual costs 

directly related to management, data 

collection, and enforcement of the 

programs; 

• Fees must not exceed three percent 

of the ex-vessel value of a fish harvested 

under a program subject to cost 

recovery; 

• Fees are in addition to any other 

fees charged under the MagnusonStevens Act; 

• Fees must be deposited in the 

Limited Access System Administrative 

Fund (LASAF) in the U.S. Treasury; and 

• Fees must be collected at either the 

time of a legal 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. 

For more detail on the Secretary and 

NMFS’ authority to implement cost 

recovery fees, please see section 1.1 of 

the RIR/IRFA. 

F. Existing Cost Recovery Fee Programs, 

Policies, and Guidance 

NMFS has previously established cost 

recovery fee programs to implement the 

requirements of section 304(d)(2) of the 

Magnuson-Stevens Act. The specific 

fisheries, the NMFS Region where those 

cost recovery fee programs were 

implemented, and the date the cost 

recovery fee programs were 

implemented, are provided in Table 1. 

For a more detailed discussion of these 

programs, see section 1.8.2 of the RIR/ 

IRFA. 

TABLE 1—LIMITED ACCESS PRIVILEGE PROGRAMS WITH A COST RECOVERY COMPONENT BY NMFS REGION

NMFS Region Limited Access Privilege Program 

Greater Atlantic Region ............................................... Atlantic Sea Scallop Individual Fishing Quota (73 FR 20090, April 14, 2008). 

Golden Tilefish Individual Transferable Quota (74 FR 42580, August 24, 2009). 

Southeast Region ........................................................ Red Snapper Individual Fishing Quota (71 FR 67447, November 22, 2006). 

Grouper-Tilefish Individual Fishing Quota (74 FR 44732, August 31, 2009). 


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TABLE 1—LIMITED ACCESS PRIVILEGE PROGRAMS WITH A COST RECOVERY COMPONENT BY NMFS REGION—Continued 

NMFS Region Limited Access Privilege Program 

West Coast Region ...................................................... Groundfish Trawl Rationalization (75 FR 78344, December 15, 2010). 

North Pacific Region .................................................... Halibut and Sablefish Individual Fishing Quota Program (65 FR 14919, March 20, 2000). 

Crab Rationalization Program (70 FR 10174, March 2, 2005). 

Rockfish Program (76 FR 81248, December 27, 2011). 

The U.S. Government Accountability 

Office (GAO) examined cost recovery 

fee programs in 2005 (March 2005, GAO 

Report to Congressional Requestors 

GAO–05–24, available at http://

www.gao.gov/new.items/d05241.pdf). At 

the time, NMFS had only established 

one cost recovery fee program for the 

Halibut and Sablefish Individual 

Fishing Quota Program (Halibut and 

Sablefish IFQ Program). NMFS had 

determined that the actual costs to 

recover for the Halibut and Sablefish 

IFQ Program were the incremental costs 

of the program, (i.e., those costs that 

would not have been incurred but for 

the program). 

The GAO report examined the Halibut 

and Sablefish IFQ Program and found 

that NMFS was recovering the costs of 

management and enforcement, as 

required by the Magnuson-Stevens Act 

(see p. 4 of GAO–05–241). The GAO 

report noted that the Magnuson-Stevens 

Act does not define ‘‘actual costs’’ as 

directly related to the management and 

enforcement of an ‘‘individual fishing 

quota’’ program. The GAO report noted 

that actual costs could be interpreted as 

the full costs of managing an individual 

fishing quota program rather than those 

costs that are directly attributable to the 

implementation of an individual fishing 

quota program (e.g., incremental costs). 

However, after reviewing the 

methodology for calculating recoverable 

costs in the Halibut and Sablefish IFQ 

Program, the GAO report did not 

recommend that NMFS change its 

policy of collecting incremental costs 

(see p. 23 of GAO–05–241). 

One of the two key recommendations 

of the GAO report is that NOAA should 

establish cost recovery fee programs as 

required and authorized by section 

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

for all management programs to which 

they would apply. The other 

recommendation was to develop 

guidance as to which costs are to be 

recovered and, when actual information 

is unavailable, how to estimate the costs 

(see p. 22 of GAO–05–241). 

NOAA has established policy 

guidance to define the methods for 

determining costs and implementing 

cost recovery fee programs for limited 

access privilege programs (November 

2007, NOAA Technical Memorandum 

NMFS–F/SPO–86, available at http://

spo.nwr.noaa.gov/tm/tm86.pdf). NOAA 

clarified this policy guidance in the 

NOAA Catch Share Policy (November 

2011, NOAA Catch Share Policy, 

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

sfa/management/catch_shares/about/

documents/noaa_cs_policy.pdf. The 

NOAA Catch Share Policy states that: 

It is NOAA policy to compute and recover 

from participants only the incremental 

operating costs associated with limited 

access privilege programs. . . . The relevant 

costs to recover are the incremental costs, 

i.e., those costs that would not have been 

incurred but for the limited access privilege 

program, since cost recovery is not 

authorized for non-limited access privilege 

program fisheries. Conceptually, measuring 

these costs involves a ‘‘with and without’’ 

comparison of the cost of running the 

management program for the specified 

fishery under the status quo non-limited 

access privilege program regime, relative to 

the costs attributable to implementing the 

limited access privilege program. 

NOAA has determined that recovering 

incremental costs is appropriate because 

the Magnuson-Stevens Act specifies 

collection of a fee to recover the actual 

costs directly related to the 

management, data collection, and 

enforcement of limited access privilege 

program or the CDQ Program. 

Incremental costs refer only to the costs 

that are added because of the 

implementation of a limited access 

privilege program or the CDQ Program. 

For example, a fishery stock assessment 

would be required whether or not a 

limited access privilege program or CDQ 

Program existed. Under section 

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

NMFS is not authorized to recover costs 

from non-limited access privilege 

program or non-CDQ Program fishery 

participants. Therefore, having 

participants in the limited access 

privilege programs or the CDQ Program 

pay fees to cover the costs of a stock 

assessment would not be consistent 

with current NOAA policy. However, if 

specific permits, monitoring and catch 

accounting provisions, or enforcement 

requirements are needed to manage, 

collect data, or enforce a limited access 

privilege program or CDQ Program, it 

would be appropriate to recover fees for 

those costs. See the ‘‘Reimbursable 

Costs’’ section of this preamble for 

additional detail on the costs subject to 

cost recovery fee collection. This 

proposed action is intended to be 

consistent with the recommendations of 

the 2005 GAO report and established 

NOAA policy on cost recovery fee 

programs. 

II. Background 

The following sections provide a brief 

background on each of the programs for 

which NMFS proposes to implement a 

cost recovery fee program. For a more 

detailed description of each of these 

programs, please see section 1.5 of the 

RIR/IRFA. 

A. AFA Program 

On October 21, 1998, the President 

signed into law the AFA, which was 

Title II-Fisheries, Subtitles I and II, 

within the Omnibus Appropriations Bill 

FY 1999, Public Law 105–277. The 

AFA, as enacted in 1998, is available on 

the NMFS Alaska Region Web site: 

https://alaskafisheries.noaa.gov/

sustainablefisheries/afa/afa1998.pdf. 

The purpose of the AFA was to clarify 

U.S. ownership standards for U.S. 

fishing vessels and to provide the Bering 

Sea pollock fleet the opportunity to 

eliminate the race to harvest Bering Sea 

pollock through the allocation of a 

percentage of the TAC of Bering Sea 

pollock that may be received or held for 

exclusive use by a person. The AFA 

established specific allocations of 

Bering Sea pollock; requirements for 

participation by catcher vessels, 

catcher/processors, motherships, and 

processors; excessive share limits; 

monitoring and enforcement provisions; 

and annual reporting requirements. 

NMFS allocates the Bering Sea 

pollock TAC to the AFA Program as a 

directed fishery allowance after 

subtracting the CDQ Program allocation 

of 10 percent of the TAC, and after 

subtracting a portion of the TAC as an 

incidental catch allowance to 

accommodate the incidental catch of 

pollock in non-pollock directed 

fisheries (e.g., the incidental catch of 

pollock in the directed fishery for 

Pacific cod). The remaining TAC is 

further allocated to three AFA sectors: 

50 percent allocation to catcher vessels 

harvesting pollock for processing by 

shoreside processors (inshore sector); 40 


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percent allocation to catcher vessels and 

catcher/processors harvesting pollock 

for processing by catcher/processors 

(catcher/processor sector); and a 10 

percent allocation to catcher vessels 

harvesting pollock for processing by 

motherships (mothership sector). Under 

the AFA, a catcher vessel may only 

harvest pollock; a catcher/processor 

may harvest and process pollock; and a 

mothership may only receive and 

process pollock. 

Section 208 of the AFA determined 

which vessels and which processors 

were eligible to participate in the 

inshore sector, the catcher/processor 

sector, and the mothership sector. 

NMFS issued AFA permits to 112 

catcher vessels, 21 catcher/processors, 

and three mothership vessels. Section 

210 of the AFA allowed the formation 

of fishery cooperatives in each AFA 

sector. Under a fishery cooperative, the 

members of a cooperative agree to 

divide the pollock allocation that the 

cooperative members. The AFA, in 

section 210(b), specifically regulated the 

formation of inshore cooperatives for 

catcher vessels. A catcher vessel with an 

AFA inshore endorsement has a choice 

of participating in the open access 

sector, and delivering pollock to any 

AFA inshore processor, or contributing 

its catch history to a cooperative, and 

delivering at least 90 percent of its 

pollock catch to the processor 

associated with the cooperative (AFA 

section 210(b); 50 CFR 679.4(l)(6)). 

Participants in the AFA open access 

sector would not be subject to cost 

recovery under this proposed rule 

because these persons do not receive an 

exclusive harvest privilege. Currently, 

all AFA vessels harvest and deliver 

pollock through a cooperative, rather 

than in open access. 

Seven inshore cooperatives have 

formed. The amount of pollock 

allocated to an inshore cooperative is 

based on the amount of harvests of the 

members of the cooperative specified 

under section 206(b) of the AFA. For 

additional information on AFA inshore 

allocations, see NMFS Alaska Region 

Web site, http://alaskafisheries.noaa/

gov/sustainablefisheries/afa. 

A cooperative has formed in the 

catcher/processor sector to harvest the 

exclusive harvest allocation provided to 

this sector. Participants in the catcher/ 

processor sector have a joint agreement 

called the ‘‘Cooperative Agreement 

between Offshore Pollock Catchers’ 

Cooperative and Pollock Conservation 

Cooperative’’ (AFA Offshore Joint 

Cooperative) to facilitate efficient 

harvest management and accurate 

harvest accounting between the 

participants in the catcher/processor 

sector. The AFA Offshore Joint 

Cooperative is defined under annual 

cooperative reports submitted to NMFS 

(Cooperative Reports, NMFS Alaska 

Region Web site, http://

alaskafisheries.noaa.gov/

sustainablefisheries/afa/afa_sf.htm). All 

but one participant who harvests 

pollock allocated to the catcher/

processor sector is a member of the AFA 

Offshore Joint Cooperative. Section 

208(e)(21) of the AFA expressly limits 

the amount of harvest by the one 

participant in the catcher/processor 

sector who is not a member of the AFA 

Offshore Joint Cooperative to 0.5 

percent of the TAC assigned to the 

catcher/processor sector, thereby 

providing an exclusive harvest privilege 

to all the AFA Offshore Joint 

Cooperative members. The participant 

who is not a member of the AFA 

Offshore Joint Cooperative would not be 

subject to a cost recovery fee for its 

harvest of pollock under this proposed 

rule. Section 1.5.3 of the RIR/IRFA 

provides additional detail on allocations 

to the AFA catcher/processor sector. 

The owners of all 19 catcher vessels 

eligible to deliver to a mothership in the 

Bering Sea pollock fishery have joined 

a single cooperative to coordinate 

harvests. This cooperative harvests the 

exclusive harvest allocation provided to 

the mothership sector as specified under 

section 206(b) of the AFA. For 

additional detail see the Cooperative 

Reports, NMFS Alaska Region Web site, 

http://alaskafisheries.noaa.gov/

sustainablefisheries/afa/afa_sf.htm. 

Section 1.5.3 of the RIR/IRFA and the 

final rule implementing the AFA 

provide more detailed information (67 

FR 79692, December 30, 2002). The 

amounts of the Bering Sea pollock TAC 

currently allocated to each AFA 

cooperative and sector are specified in 

the final 2014 and 2015 harvest 

specifications for the BSAI groundfish 

fisheries (79 FR 12108, March 4, 2014). 

B. Aleutian Islands Pollock Program 

Originally, the AFA applied to the 

directed pollock fishery in the entire 

BSAI (section 205(4), section 205(6), 

section 205(10) of original AFA). The 

BSAI consists of the Bering Sea subarea 

and the Aleutian Islands subarea (see 

regulatory definitions in § 679.2). In 

2004, Congress separated the 

management of pollock between the 

Bering Sea and Aleutian Islands 

pursuant to the requirements of the 

Consolidated Appropriations Act of 

2004 (Public Law 108–199). Under the 

requirements of the Consolidated 

Appropriations Act of 2004, NMFS 

allocates an exclusive harvest allocation 

representing a portion of the Aleutian 

Islands subarea pollock TAC to the 

Aleut Corporation. 

NMFS implemented the requirements 

of the Consolidated Appropriations Act 

of 2004 with Amendment 82 to the FMP 

in 2005 (70 FR 9856, March 1, 2005). 

Regulations implementing Amendment 

82 define the amount of pollock TAC 

that may be allocated in the Aleutian 

Islands subarea and how the Aleut 

Corporation may harvest its portion of 

this allocation. The Aleutian Islands 

pollock TAC is allocated to the Aleut 

Corporation for a directed pollock 

fishery after subtracting the CDQ 

Program allocation of 10 percent of the 

TAC, and after subtracting an incidental 

catch allowance to accommodate the 

incidental catch of pollock in nonpollock directed fisheries. 

Prior to 2015, NMFS prohibited 

directed fishing for pollock inside 

Steller sea lion critical habitat in the 

Aleutian Islands as a measure to protect 

the endangered Steller sea lion (68 FR 

204, January 2, 2003). Pollock in the 

Aleutian Islands occurs primarily inside 

Steller sea lion critical habitat. These 

closures of critical habitat in the 

Aleutian Islands to directed fishing 

precluded directed fishing in the 

Aleutian Islands. Therefore, prior to 

2015, the allocation to the Aleut 

Corporation was not fully harvested and 

was reallocated each year to the Bering 

Sea pollock fishery. NMFS has 

implemented new regulations that allow 

directed fishing for pollock within 

critical habitat in the Aleutian Islands 

(79 FR 70286, November 25, 2014). This 

may provide additional harvest 

opportunities for the Aleut Corporation. 

Section 1.5.3 of the RIR/IRFA and the 

final rule implementing the Aleutian 

Islands Pollock Program provide more 

detailed information (70 FR 9856, 

March 1, 2005). The amount of the 

Aleutian Islands pollock TAC currently 

allocated to the Aleut Corporation and 

reallocation to the Bering Sea is 

specified in the final 2014 and 2015 

harvest specifications for the BSAI 

groundfish fisheries (79 FR 12108, 

March 4, 2014). 

C. Amendment 80 Program 

Amendment 80 to the FMP identified 

participants using trawl catcher/

processors in the BSAI who are active 

in groundfish fisheries other than Bering 

Sea pollock (i.e., the head-and-gut fleet 

or Amendment 80 vessels) and 

established a framework, known as the 

Amendment 80 Program, to regulate 

fishing by this fleet (72 FR 52668, 

September 14, 2007). The Amendment 

80 Program allocates a portion of the 

TACs of six species in the BSAI: Atka 

mackerel, Pacific cod, flathead sole, 


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rock sole, yellowfin sole, and Aleutian 

Islands Pacific ocean perch between the 

Amendment 80 Program and other trawl 

fishery participants. 

The Amendment 80 program created 

Amendment 80 quota share based on 

the historic catch of quota share species 

by Amendment 80 vessels, facilitated 

the development of cooperative 

arrangements (Amendment 80 

cooperatives) among quota 

shareholders, and assigned an exclusive 

harvest privilege for a portion of the 

TAC of quota share species for 

participants in Amendment 80 

cooperatives. The Amendment 80 

Program also allocates crab and halibut 

prohibited species catch (PSC) limits to 

constrain bycatch of these species while 

Amendment 80 vessels harvest 

groundfish. The Amendment 80 

Program added sideboard limits to 

protect other fisheries from the potential 

adverse effects arising from the 

exclusive harvest privileges provided 

under the Amendment 80 Program. 

NMFS identified 28 catcher/processor 

vessels that are eligible to participate in 

the Amendment 80 Program and NMFS 

has issued quota share based on the 

historic catch of these vessels. NMFS 

has issued Amendment 80 quota share 

to 27 eligible persons. One person who 

owns an eligible catcher/processor did 

not elect to apply for and receive 

Amendment 80 quota share and would 

not be subject to the provisions of this 

proposed rule because this person does 

not receive an exclusive harvest 

privilege for a portion of the 

Amendment 80 species TACs. 

Amendment 80 quota shareholders may 

annually elect to form a cooperative 

with other Amendment 80 quota 

shareholders to receive an exclusive 

harvest privilege for the portion of 

Amendment 80 species TACs resulting 

from the cooperative member’s 

aggregated quota share holdings. This 

‘‘cooperative quota’’ (CQ) is the amount 

of Amendment 80 species TACs 

dedicated for exclusive use by that 

cooperative. 

Annually, each Amendment 80 quota 

shareholder elects to participate either 

in a cooperative or the limited access 

fishery. Participants in the limited 

access fishery do not receive an 

exclusive allocation for a portion of the 

TACs allocated to the Amendment 80 

Program. Participants in the 

Amendment 80 limited access fishery 

would not be subject to cost recovery 

under this proposed rule because these 

persons do not receive an exclusive 

harvest privilege. Since 2011, all quota 

shareholders have participated in one of 

two cooperatives. (For additional detail 

see Cooperative Reports, NMFS Alaska 

Region Web site, http://

alaskafisheries.noaa.gov/

sustainablefisheries/amds/80/

default.htm). 

Section 1.5.1 of the RIR/IRFA and the 

final rule implementing the Amendment 

80 Program provide more detailed 

information (72 FR 52668, September 

14, 2007). The allocations of 

Amendment 80 species TACs to each of 

the Amendment 80 cooperatives are 

provided in the final 2014 and 2015 

harvest specifications for the BSAI 

groundfish fisheries (79 FR 12108, 

March 4, 2014). 

D. CDQ Program 

The CDQ Program was implemented 

by NMFS in 1992 (57 FR 46133, October 

7, 1992). Since the implementation of 

the CDQ Program, Congress has 

amended the Magnuson-Stevens Act to 

define specific allocations to the CDQ 

Program, as well as eligibility to 

participate in the CDQ Program. 

A total of 65 villages are authorized 

under section 305(i)(1)(D) of the 

Magnuson-Stevens Act to participate in 

the CDQ Program. Six CDQ groups 

represent these villages. The CDQ 

groups include the Aleutian Pribilof 

Island Community Development 

Association (APICDA), the Bristol Bay 

Economic Development Corporation 

(BBEDC), the Central Bering Sea 

Fishermen’s Association (CBSFA), the 

Coastal Villages Region Fund (CVRF), 

the Norton Sound Economic 

Development Corporation (NSEDC), and 

the Yukon Delta Fisheries Development 

Association (YDFDA). CDQ groups 

manage and administer CDQ allocations 

and use the revenue derived from the 

harvest of their CDQ allocations to fund 

economic development activities and 

provide employment opportunities on 

behalf of the villages they represent. See 

section 1.5.2 of the RIR/IRFA for 

additional information on the CDQ 

Program. 

Section 305(i)(B) of the MagnusonStevens Act specifies the proportion of 

the crab, groundfish, and halibut TACs 

in the BSAI allocated to the CDQ 

Program. Section 305(i)(C) of the 

Magnuson-Stevens Act specifies the 

proportion of the overall CDQ Program 

allocations assigned to each CDQ group. 

The proportion of the CDQ Program 

allocations of each species assigned to 

each of the six CDQ groups is described 

in a final rule defining the regulation of 

the CDQ Program (71 FR 51804, August 

31, 2006). Each year, NMFS publishes 

the specific annual allocations of CDQ 

groundfish and halibut TACs to each 

CDQ group on the Alaska Region Web 

site at http://

www.alaskafisheries.noaa.gov/cdq/

current_historical.htm. 

NMFS first allocates crab, halibut and 

groundfish TACs to the CDQ Program, 

and then apportions the remaining TAC 

among other non-CDQ fishery 

participants. Because CDQ crab 

allocations are already subject to a cost 

recovery fee program (70 FR 10174, 

March 2, 2005), they are not addressed 

further in this preamble. The groundfish 

species and species groups currently 

allocated to the CDQ Program, and that 

would be subject to this proposed cost 

recovery fee program, are specified in 

the final 2014 and 2015 harvest 

specifications for the BSAI groundfish 

fisheries (79 FR 12108, March 4, 2014). 

The process for allocating halibut TACs 

to the CDQ Program is described in a 

final rule implementing the Halibut and 

Sablefish IFQ Program (58 FR 59375, 

November 9, 1993). The allocation of 

halibut to the CDQ Program varies by 

halibut management area and ranges 

from 20 to 100 percent of the area TACs. 

The fishery resources allocated to the 

CDQ Program and the CDQ groups are 

under Federal jurisdiction, and NMFS 

remains primarily responsible for 

groundfish and halibut CDQ fisheries 

management. However, the State of 

Alaska (State) also retains some 

management responsibility for the CDQ 

Program. The State may incur costs in 

the management and enforcement of the 

CDQ Program that would be subject to 

a cost recovery fee. Section 

304(d)(2)(C)(ii) of the Magnuson-Stevens 

Act provides that NMFS transfer up to 

33 percent of any cost recovery fee 

collected for the CDQ Program ‘‘in order 

to reimburse such State for actual costs 

directly incurred in the management 

and enforcement of [the CDQ Program].’’ 

This proposed rule anticipates that the 

State may apply to NMFS for 

reimbursement of its management and 

enforcement costs. The potential costs 

subject to reimbursement are described 

in section 1.5.2 of the RIR/IRFA and the 

‘‘CDQ Program’’ section of this 

preamble. 

Section 305(i)(1)(G) of the MagnusonStevens Act designates specific 

administrative oversight responsibilities 

for the CDQ Program to an 

Administrative Panel. Section 

305(i)(1)(G) specifies that the 

Administrative Panel shall coordinate 

and facilitate activities of the CDQ 

groups and administer those aspects of 

the CDQ Program not otherwise 

addressed in section 305(i)(1), including 

economic development aspects of the 

CDQ Program. Currently, the Western 

Alaska Community Development 

Association (WACDA) serves as the 


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Administrative Panel specified in the 

Magnuson-Stevens Act. 

III. Cost Recovery—General 

As described in the ‘‘Statutory 

Authority’’ section of this preamble, 

cost recovery is the process by which 

NMFS would recover the actual costs 

associated with the management, data 

collection, and enforcement (also 

referred to as program costs) of the CDQ, 

AFA, Aleutian Islands Pollock, and 

Amendment 80 Programs. These 

program costs would be recovered 

annually through a fee paid by persons 

who hold a permit granting an exclusive 

harvesting privilege for a portion of the 

TAC in a fishery subject to cost 

recovery. 

NMFS proposes to calculate the cost 

recovery fee for fish species that are 

allocated as exclusive harvest privileges 

under the CDQ groundfish and halibut, 

AFA, Aleutian Islands Pollock, and 

Amendment 80 Programs as a 

percentage of the ex-vessel value of 

allocated fish species harvested by the 

participants in each program. The cost 

recovery fee percentage would be 

determined annually by the Regional 

Administrator of the NMFS Alaska 

Region and published in a Federal 

Register notice each year. NMFS would 

calculate cost recovery fees only for fish 

that are landed and deducted from the 

TAC in the fisheries subject to cost 

recovery under the proposed action. 

NMFS would not calculate cost recovery 

fees for any portion of a permit holder’s 

exclusive harvest privilege that was not 

landed and deducted from the TAC. For 

the purposes of this rule, ‘‘permit 

holder’’ refers to the person who holds 

the exclusive harvest privilege in the 

specific fishery. These methods for 

assessing cost recovery fees on landed 

catch and the designation of the permit 

holder are consistent with the cost 

recovery fee programs already 

implemented and NOAA policy 

guidance. 

Section 304(d)(2)(B) of the MagnusonStevens Act specifies that a cost 

recovery fee ‘‘shall be collected at either 

the time of the 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.’’ NMFS proposes 

to collect the cost recovery fee for the 

CDQ groundfish and halibut, AFA, 

Aleutian Islands Pollock, and 

Amendment 80 Programs by December 

31 of each year, which is in the last 

quarter of the calendar year in which 

the fish were harvested. NMFS would 

notify each permit holder of their 

calculated fee liability for the fishing 

year by December 1 each year in which 

the landings were made. Each permit 

holder would be responsible for 

submitting the fee to NMFS by 

December 31 of the year in which the 

landings were made. The fee liability 

payment would need to be submitted to 

NMFS electronically by the December 

31 deadline. 

This approach is consistent with other 

cost recovery fee programs implemented 

by NMFS. Annual collection of cost 

recovery fees minimizes the 

administrative burden on fishery 

participants and NMFS by limiting fee 

assessment and collection to one time 

per year rather than requiring 

assessment and collection at the time of 

each landing or at multiple times 

throughout the year. The use of 

electronic payment of cost recovery fees 

would reduce the administrative costs 

of processing payments, and provides 

an efficient method for permit holders 

to submit fees. In addition, all of the 

permit holders subject to a cost recovery 

fee regularly report to NMFS using 

electronic means and it is a submission 

method readily available to them. The 

details of the proposed procedures for 

the collection of cost recovery fees for 

the CDQ, AFA, Aleutian Islands 

Pollock, and Amendment 80 Programs 

are discussed in detail below in the 

‘‘Proposed Action’’ section of this 

preamble. 

To calculate the annual fee liability 

for each permit holder in the CDQ, AFA, 

Aleutian Islands Pollock, and 

Amendment 80 Programs, NMFS would 

(1) calculate the standard price for each 

fishery species allocated under a 

program; (2) calculate the ex-vessel 

value of each fishery species allocated 

under a program by multiplying the 

standard price by the total amount of 

landings in each fishery under a 

program; (3) calculate the total ex-vessel 

value of all fisheries landed under a 

program by adding together the exvessel values of each fishery species 

under a program; (4) calculate the total 

program cost by adding together the 

costs of managing each fish species 

under a program; (5) calculate a fee 

percentage (not to exceed three percent 

of the ex-vessel value of fish harvested 

under any such program) for a program 

by dividing total program costs by the 

total ex-vessel value for all fishery 

species under a program; and (6) 

calculate the fee amount that will be 

assessed for each permit holder by 

multiplying the fee percentage by the 

permit holder’s total ex-vessel value of 

the fishery landings under a program. 

The final figure would be the annual fee 

owed by each permit holder. 

An effective cost recovery fee program 

requires using existing data or collecting 

additional data to calculate species exvessel values, using a standardized 

methodology to assess program costs, 

assigning the appropriate fee to each 

person holding a permit, and ensuring 

that fees are submitted in full and on 

time. The primary components of the 

cost recovery fee programs proposed in 

this action include defining the: (1) 

Person and permit subject to cost 

recovery fee liability; (2) fee percentage; 

(3) ex-vessel value; (4) ex-vessel prices; 

(5) information sources; (6) 

reimbursable costs; (7) fee liability 

notice and submission method; (8) 

payment compliance; and (9) annual 

reporting. Each of these components is 

discussed in the following sections of 

the preamble. 

A. Person and Permit Subject to Cost 

Recovery Fee Liability 

To implement a cost recovery fee 

program, NMFS must identify the 

person and permit that are subject to the 

fee liability. As described above in the 

‘‘Statutory Authority’’ section, the 

Magnuson-Stevens Act definition of 

‘‘person’’ includes any individual, 

corporation, partnership, association, or 

other non-individual entity. The permit 

is the documentation that grants a 

person an exclusive harvest privilege. 

In each of the cost recovery fee 

programs proposed in this action there 

is documentation that grants a person 

permission to fish for a certain 

percentage or specific amount of the 

TACs allocated to that program. The 

person receiving the exclusive 

harvesting privilege and the nature of 

the permit providing that privilege is 

different for each of the proposed cost 

recovery fee programs, as shown in 

Table 2. A more detailed description of 

the person and permit that would be 

subject to cost recovery for each 

program is provided in the ‘‘Proposed 

Action’’ section of this preamble. 


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TABLE 2—SUMMARY OF PROPOSED COST RECOVERY FEE PROGRAMS, PERSON(S) RECEIVING THE EXCLUSIVE HARVEST

PRIVILEGE, AND THE ‘‘PERMIT’’ AUTHORIZING THE HARVEST PRIVILEGE

Proposed Cost Recovery Fee 

Program 

Person receiving an exclusive 

harvest privilege for a portion of a 

fishery TAC 

Annual permit authorizing exclusive harvest privilege for a portion of 

a fishery TAC 

CDQ Program ................................. CDQ group .................................... Annual CDQ Group Quota Allocations matrix on Alaska Region Web 

site at http://alaskafisheries.noaa.gov. 

AFA Inshore Sector ......................... AFA Inshore Cooperative .............. AFA inshore cooperative fishing permit. 

AFA Catcher/Processor Sector ....... AFA Offshore Joint Cooperative ... Table 3 of the BSAI final groundfish harvest specifications published 

in the Federal Register. 

AFA Mothership Sector ................... AFA Mothership Cooperative ........ Table 3 of the BSAI final groundfish harvest specifications published 

in the Federal Register. 

Aleutian Islands Pollock .................. Aleut Corporation ........................... Table 3 of the BSAI final groundfish harvest specifications published 

in the Federal Register. 

Amendment 80 ................................ Amendment 80 cooperative .......... Amendment 80 CQ permit. 

In addition to specifying the person 

subject to cost recovery, NMFS would 

require program participants to 

designate an individual who would be 

responsible for submitting the cost 

recovery fee to NMFS. A more detailed 

description of this proposed 

requirement is provided in section IV of 

this preamble. 

B. Fee Percentage 

Section 304(d)(2) of the MagnusonStevens Act specifies that a cost 

recovery fee may not exceed three 

percent of the ex-vessel value of the fish 

harvested under the fisheries subject to 

cost recovery. Sections 1.8.4, 1.8.5, and 

1.8.6 of the RIR/IRFA estimate the cost 

recovery fee percentage for the CDQ, 

AFA, Aleutian Islands Pollock, and 

Amendment 80 Programs based on 

estimated ex-vessel revenue and 

program costs from 2010 through 2013. 

The estimated annual cost recovery fee 

percentages for the proposed cost 

recovery fee programs range from a 

minimum of 0.29 percent of the exvessel value of Bering Sea pollock 

allocated to AFA inshore cooperatives 

to a maximum of 1.62 percent of the exvessel value of fisheries allocated to 

Amendment 80 cooperatives. To reach 

the maximum fee percentage, program 

costs would have to increase 

significantly or fishery revenue would 

need to decline significantly. NMFS 

does not anticipate increases in 

management costs or declines in fishery 

revenue by amounts large enough to 

reach the three percent level in the 

foreseeable future in any of the 

proposed cost recovery fee programs. 

The cost recovery fee percentage for a 

cost recovery program would be equal to 

the program costs divided by the exvessel value of the fishery species 

covered by that program. The program 

costs would be the program costs for the 

most recent Federal fiscal year, and the 

ex-vessel value of the fishery species is 

the ex-vessel value of the landings 

subject to the cost recovery fee liability 

for the current calendar year. Under the 

proposed regulations, the fee percentage 

is calculated using the program costs 

from the most recent Federal fiscal year. 

Specifically, a cost recovery fee program 

participant would be required to pay 

their fee by December 31 of a calendar 

year, based on the costs incurred for 

management, data collection, and 

enforcement of that program from 

October 1 of the previous calendar year 

through September 30 of the current 

calendar year. 

NMFS intends to use this accounting 

method to ensure that program costs 

associated with the management, data 

collection, and enforcement of a limited 

access privilege program and the CDQ 

Program can be reviewed, by NMFS, 

prior to the time that the cost recovery 

fee is due. It would also reduce 

administrative burden and costs to track 

program costs as they currently accrue 

and are debited from specific accounts, 

on a Federal fiscal year basis. NMFS 

would calculate and publish the fee 

percentage for the CDQ groundfish and 

halibut, AFA and Aleutian Islands 

Pollock, and Amendment 80 Programs 

in the Federal Register by December 1 

of the year in which landings subject to 

cost recovery were made. 

C. Ex-Vessel Value 

The ex-vessel value of fish harvested 

under a permit would equal the sum of 

all payments of monetary worth made 

for the sale of raw, unprocessed catch of 

the species subject to cost recovery. This 

would include any retroactive payments 

(e.g. bonuses, delayed partial payments, 

post-season payments) made for fish 

harvested under a permit for previously 

landed fishery species. Retroactive 

payments would be part of the ex-vessel 

value and as such have a fee liability. 

The fee liability for retroactive 

payments would be based on the fee 

percentage in effect at the time the fish 

was received by the processor. 

For example, if a retroactive payment 

is received after the initial payment was 

made at the time of landing, but during 

the same calendar year in which the 

landing was made, the cost recovery fee 

for those retroactive payments also 

would be due by December 31 of the 

year in which the landings were made. 

If retroactive payments are received by 

permit holders during the year 

following the calendar year when those 

fish were landed, then cost recovery fees 

associated with those post-season 

retroactive payments would be due by 

December 31 of the calendar year the 

retroactive payments were received and 

be subject to the cost recovery fee in 

effect for the calendar year in which the 

retroactive payment was made. This 

method for calculating ex-vessel value is 

similar to the method used in the cost 

recovery fee program for the Rockfish 

Program (76 FR 81248, December 27, 

2011). Section 1.7.2 of the RIR/IRFA 

provides additional detail on the 

calculation of ex-vessel value and 

retroactive payments. 

D. Ex-Vessel Prices 

NMFS would use standard prices 

rather than actual prices to calculate the 

ex-vessel value of landings for each 

fishery species. A standard price would 

be determined using information on 

landings purchased (volume) and exvessel value paid (value). The 

processors of fish harvested under the 

CDQ groundfish and halibut, AFA, 

Aleutian Islands Pollock, and 

Amendment 80 Programs would 

provide this information. NMFS would 

annually summarize volume and value 

information for landings of all fishery 

species subject to cost recovery in order 

to estimate a standard price for each 

fishery species, except for rock sole. 

Rock sole is allocated to and 

harvested by vessels participating in the 

Amendment 80 and CDQ Programs. 

Rock sole volume and value reports 

would be reported once each year, but 


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fees would be assessed based on the 

volume and value of landings of rock 

sole that occur in the first quarter of the 

year (January 1 through March 31), and 

fees would be assessed based on the 

aggregated volume and value of 

landings in the last three quarters of the 

year (April 1 through December 31). The 

difference in reporting requirements for 

rock sole arises from the need to capture 

significant differences in price and 

value in the rock sole that are landed in 

the first quarter of the year compared to 

the price and value in the remaining 

part of the year. See Section 1.7.2.2.5 of 

the RIR/IRFA for additional detail on 

rock sole prices. 

Use of a standard price is not 

precluded under section 304(d)(2) of the 

Magnuson-Stevens Act. NMFS uses a 

standard price in the cost recovery fee 

programs for the Crab Rationalization 

Program and the Rockfish Program. The 

use of an actual price would require that 

the permit holder or a designated 

representative document all landings 

and prices for fishery species subject to 

cost recovery. This additional 

documentation can impose additional 

costs on permit holders to document 

and retain information on all landings 

and prices. The cost recovery fee 

program for the Halibut and Sablefish 

IFQ Program allows permit holders to 

use either standard or actual prices. 

However, very few Halibut and 

Sablefish IFQ permit holders have used 

actual prices. Based on that experience, 

NMFS proposes to use a standard price 

in all cost recovery fee programs 

proposed under this action. NMFS 

would publish the standard prices by 

fishery species in the Federal Register 

by December 1 of year in which the 

landings subject to cost recovery were 

made. 

E. Information Used to Calculate ExVessel Value 

NMFS proposes three methods for 

collecting and aggregating volume and 

value data to calculate standard prices. 

The first method would implement data 

collection using two new volume and 

value reports to calculate standard 

prices for all fishery species other than 

halibut and pollock. The second method 

would use data already collected under 

the IFQ Buyer Report to calculate 

standard prices for halibut. The third 

method would use data already 

collected under the Commercial 

Operator’s Annual Report (COAR) to 

calculate standard prices for pollock. 

NMFS proposes to implement the two 

new volume and value reports for 

fishery species other than halibut and 

pollock because sufficient information 

is not otherwise available on a timely 

basis from other sources to determine a 

standard price paid by processors for a 

fishery species subject to cost recovery. 

This approach minimizes the cost and 

burden of recordkeeping and reporting 

requirements on fishery participants. 

In developing the proposed rule, 

NMFS held public workshops in 

Anchorage, AK, and Seattle, WA, in 

2013 to receive input from affected 

industry participants on appropriate 

methods for calculating the standard 

price for specific fishery species (78 FR 

25426, May 1, 2013). Participants in 

these public workshops supported the 

methods proposed for calculating the 

standard price in this rule. The 

following sections of the preamble 

describe the methods NMFS would use 

to collect and aggregate volume and 

value data to calculate standard prices 

and ex-vessel values. 

1. Volume and Value Reports 

Two types of new volume and value 

reports would be required under the 

proposed action—a Pacific Cod ExVessel Volume and Value Report and a 

First Wholesale Volume and Value 

Report. 

This proposed rule would require 

shoreside processors, designated on a 

Federal Processor Permit (FPP), and 

motherships, designated on a Federal 

Fisheries Permit (FFP), that process 

landings of either CDQ Pacific cod or 

BSAI Pacific cod harvested by a vessel 

using trawl gear to submit a Pacific Cod 

Ex-vessel Volume and Value Report. 

The Pacific Cod Ex-vessel Volume and 

Value Report would require shoreside 

processors and motherships to submit 

information including the total pounds 

of Pacific cod purchased, the total gross 

ex-vessel value paid by gear type (trawl 

and fixed gear), as well as identifying 

information for the processor (i.e. 

Federal processor permit number, 

mailing address, contact phone number, 

etc.). The total pounds of Pacific cod 

purchased and the total gross ex-vessel 

value paid by each gear type from 

January 1 through October 31 of each 

year would be reported as aggregated 

data. NMFS notes that shoreside 

processors and motherships already 

collect these data as part of their 

existing business operations, and to 

comply with other data collection 

requirements. Therefore, only the 

submission of this information to NMFS 

by November 10 would be a new 

requirement. 

The information submitted would be 

used by NMFS to calculate an annual 

standard price for Pacific cod for 

Amendment 80 cooperatives and CDQ 

groups. NMFS would calculate a 

separate standard price for Pacific cod 

harvested by trawl gear and Pacific cod 

harvested by fixed gear. The fixed gear 

standard price would apply to all 

landings made by vessels subject to cost 

recovery and using hook-and-line, jig, or 

pot gear. A standard price would be 

determined for trawl and fixed gear 

separately because the ex-vessel value of 

Pacific cod can differ between trawl and 

fixed gear (see section 1.7.2.2 of the RIR/ 

IRFA for additional detail). 

The standard price for trawl gear 

would be used for Amendment 80 

cooperatives and for trawl vessels 

harvesting Pacific cod allocated to CDQ 

groups. The standard price for fixed gear 

would be used for vessels harvesting 

Pacific cod for CDQ groups using hookand-line, jig, or pot gear. Because 

Amendment 80 cooperatives only 

harvest Pacific cod using trawl gear, 

NMFS does not anticipate using a 

standard price derived from fixed gear 

vessels for Amendment 80 cooperatives. 

The second type of new volume and 

value report that would be required is 

the First Wholesale Volume and Value 

Report. A First Wholesale Volume and 

Value Report would be used to collect 

volume and value data for all fishery 

species of groundfish allocated to the 

Amendment 80 and CDQ Program 

except for fixed gear sablefish, halibut, 

Pacific cod, and pollock. Section 1.7 of 

the RIR/IRFA lists each fishery species 

that would be subject to the 

requirements of a First Wholesale 

Volume and Value Report. The 

instructions on the First Wholesale 

Volume and Value Report would also 

list these species on an annual basis. 

This proposed rule would require that 

Amendment 80 vessel owners submit a 

First Wholesale Volume and Value 

Report. NMFS would use data from 

Amendment 80 vessels to calculate 

standard prices for species covered by 

the First Wholesale Volume and Value 

Report because these species are 

harvested primarily, if not almost 

exclusively, by Amendment 80 vessels 

(see Section 1.7.2.1 of the RIR/IRFA for 

additional detail). The First Wholesale 

Volume and Value Report would require 

information on the fishery species and 

pounds harvested, the first wholesale 

value of the fishery species, as well as 

identifying information for the catcher/ 

processor (i.e., Federal Fisheries Permit 

number, mailing address, contact phone 

number, etc.). The pounds harvested 

and first wholesale value from January 

1 through October 31 each year would 

be reported as aggregated data, with one 

exception for rock sole. Section 1.7.2.2.5 

of the RIR/IRFA notes that rock sole 

wholesale values differ substantially 

between first quarter values and second 

to fourth quarter values. During the first 


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quarter of the year (January 1 through 

March 31) rock sole contain roe and this 

product is worth substantially more 

than rock sole product that does not 

contain roe landed later in the year. 

Therefore, NMFS would collect data 

from January 1 through March 31 to 

establish a standard price for rock sole 

landed during this period, and use data 

from April 1 through October 31 to 

establish a standard price for rock sole 

landed for the remainder of the calendar 

year. Amendment 80 vessel owners 

already collect these data to comply 

with other data collection requirements. 

Therefore, only the submission of this 

information to NMFS in the First 

Wholesale Volume and Value Report by 

November 10 of the year in which the 

landings were made would be a new 

requirement. 

The data from the First Wholesale 

Volume and Value Report would satisfy 

requirements in section 304(d)(2) of the 

Magnuson-Stevens Act that cost 

recovery fees be based on the ex-vessel 

value of fish. The First Wholesale 

Volume and Value Report would be 

used to obtain volume and value 

information for directed fisheries where 

fishery species are harvested and 

processed exclusively, or almost 

exclusively, by trawl catcher/processors. 

For these fishery species, there is no 

reliable ex-vessel price generated from 

the sale of fish from a harvester to a 

processor. Therefore, the ex-vessel price 

for those fishery species must be 

estimated. An ex-vessel price can be 

estimated by using information on the 

first wholesale price. The first wholesale 

price is the market price of the primary 

processed fishery product. 

Since the late 1990s, the Alaska 

Fisheries Science Center (AFSC) has 

imputed an ex-vessel price for fish from 

the first wholesale price based on a 

fraction of the processed-product price. 

The imputed ex-vessel price, also 

referred to as the proxy price, is the 

value of processed products from 

catcher/processor vessels divided by the 

retained round-weight (unprocessed 

weight) of catch and multiplied by a 

factor of 0.4 to correct for the value 

added to the fish product by processing. 

Processed product values and round 

weights would be derived from the First 

Wholesale Volume and Value reports 

submitted by Amendment 80 vessels. A 

more detailed discussion of the methods 

for determining a proxy price can be 

found in section 1.7.2 of the RIR/IRFA 

prepared for this action. 

The reporting period for the Pacific 

Cod Ex-vessel Volume and Value Report 

and the First Wholesale Volume and 

Value Report would be from January 1 

to October 31. These reports would be 

due on November 10. NMFS proposes 

this time period to allow enough time 

for submitter to prepare the reports and 

for NMFS to prepare the standardized 

prices to be published in the Federal 

Register by December 1 of the year in 

which the landings were made. These 

reports would need to be submitted 

electronically through the Alaska 

Region Web site at http://

alaskafisheries.noaa.gov. Electronic 

submittal would reduce costs, 

administrative burden, and ensure that 

the reports are submitted in a timely 

fashion. 

The standard price for the entire 

calendar year for species subject to cost 

recovery fees other than fixed-gear 

sablefish, halibut, and pollock would be 

based on volume and value data from 

January 1 through October 31. NMFS 

expects these data would provide an 

accurate ex-vessel price for fish 

harvested in November and December 

for several reasons. First, for many 

fisheries, effort in November and 

December subsides. Therefore, landings 

in those fisheries in November and 

December represent a small proportion 

of overall annual harvests. For example, 

landings of Atka mackerel, sablefish, 

Pacific cod, and Pacific ocean perch 

have generally concluded by October 31 

and few landings are made in November 

and December relative to the rest of the 

year. Second, NMFS reviewed 

information from existing data sources, 

such as the COAR, and determined that 

ex-vessel values for fishery species 

proposed for cost recovery do not differ 

substantially in November and 

December relative to ex-vessel values 

prior to October. Therefore, even if data 

were collected from landings in 

November and December it would not 

be expected to have a substantive effect 

on the annual estimate of ex-vessel price 

for a fishery species (See Section 1.7.2.2 

of the Analysis for additional detail). 

Although rock sole prices do fluctuate 

during a calendar year, NMFS would be 

collecting data during the first quarter of 

the year (from January 1 through March 

31) and from the remainder of the year 

(April 1 through October 31) to reflect 

those intra-annual variations in prices. 

In the specific case of rock sole, prices 

after April 1 and through October 31 are 

relatively constant and similar to prices 

in November and December. Therefore, 

collecting data on rock sole prices after 

October would not provide additional 

detail needed to establish a standard 

price for rock sole for the last three 

quarters of the year (April through 

December 31). Finally, during public 

workshops, NMFS discussed limiting 

the volume and value reporting period 

to the first ten months of the year 

(January 1 through October 31). 

Members of the industry that 

participated in the public workshops 

did not raise concerns about this 

approach. NMFS notes that it would 

continue to monitor ex-vessel prices 

received through the COAR, as well as 

through feedback from affected industry 

participants. If needed, NMFS can 

adjust the reporting period in the future 

through subsequent rulemaking to 

reflect any variations in prices that may 

be observed. 

2. IFQ Buyer Report 

NMFS currently requires participants 

in the Halibut and Sablefish IFQ 

Program to submit a cost recovery fee 

based on either actual prices, or 

standard prices, for IFQ halibut and 

sablefish. Standard prices are 

determined based on information from 

an IFQ Buyer Report (see 

§ 679.5(l)(7)(i)). An IFQ Buyer Report is 

required from each IFQ registered buyer 

that operates as a shoreside processor 

and that receives and purchases IFQ 

halibut or sablefish or CDQ halibut. The 

IFQ Buyer Report includes information 

regarding volume and value of IFQ 

halibut and sablefish and CDQ halibut 

landings by month, port, and IFQ 

registered buyer. 

The IFQ Buyer Report is based upon 

a reporting period from October 1 of the 

previous year to September 30 of the 

current year. The IFQ Buyer Report is 

due on October 15 each year. NMFS 

proposes using the standard prices 

calculated from the IFQ Buyer Report 

for the Halibut and Sablefish IFQ 

Program to establish standard prices and 

ex-vessel values for CDQ halibut and 

fixed gear sablefish by month. NMFS 

would use standard prices and ex-vessel 

values calculated from information 

already required to be submitted under 

current regulations to avoid duplication 

with other data collection programs, and 

eliminate the costs and burden 

associated with developing a new data 

collection method for establishing 

standard prices and ex-vessel value for 

the CDQ fisheries. NMFS would be able 

to determine a standard prices and exvessel values for the CDQ halibut and 

fixed-gear sablefish fisheries harvested 

from October 1 of the previous calendar 

year through September 30 of the 

current year and provide that 

information to CDQ groups by December 

1 of the current calendar year as part of 

their annual fee liability statement. 

3. Commercial Operator’s Annual 

Report (COAR) 

NMFS proposes to use the COAR to 

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vessel value for the Bering Sea and 

Aleutian Islands pollock fisheries. 

Federal regulations at § 679.5(p) require 

all processors of fishery resources 

harvested in Alaska to submit the 

COAR. The COAR collects data on the 

species landed, area where the fish were 

harvested, processor receiving delivery, 

gear used, pounds purchased, and total 

amount paid. The information collected 

in the COAR provides the data needed 

to establish a standard price and exvessel value for AFA and Aleutian 

Islands pollock based on deliveries 

made to AFA inshore processors. 

Because data from the COAR are not 

available until November following the 

calendar year in which they are 

collected, they are not suitable for use 

for establishing a standard price where 

values change substantially from year to 

year. Section 1.7.2.2.1 of the RIR/IRFA 

notes that aggregate prices of pollock do 

not change substantially from year to 

year, particularly when aggregated over 

an entire calendar year as proposed in 

this rule. Therefore, COAR data 

collected in the previous calendar year 

could effectively be used to establish a 

standard price for BSAI pollock 

fisheries during the current calendar 

year. 

Because the aggregate prices of 

pollock tend to remain stable from yearto-year, the quantity of harvest is the 

most significant factor in determining 

the ex-vessel value of pollock. 

Therefore, NMFS does not anticipate 

that using standard prices calculated 

from the COAR would substantively 

affect the amount of cost recovery fees 

an AFA cooperative or the Aleut 

Corporation would have to pay if the fee 

liability is not expected to exceed three 

percent of the standard ex-vessel value. 

As noted earlier, NMFS does not expect 

the fee for the AFA or Aleutian Island 

Pollock Programs to exceed three 

percent in the foreseeable future. Since 

the estimates of the cost recovery fees 

are less than the three-percent limit, the 

precision of the data used to establish 

the standard price and the standard exvessel value will have negligible impact 

on the fee liability that would be paid 

by each entity. 

Input from members of the affected 

industry during the public workshops 

indicated that they support using 

annual COAR data to estimate prices for 

the AFA and Aleutian Islands pollock 

fisheries, even though it would require 

that previous year’s prices are used to 

establish a standard ex-vessel value. The 

use of COAR data to establish a standard 

ex-vessel value for the BSAI pollock 

fisheries would provide a reasonable 

method to establish a standard price, 

would avoid duplication with existing 

data collection programs, and eliminate 

the costs and burden associated with 

developing a new data collection 

method. The standard price, as 

calculated using COAR data from AFA 

inshore processors, would be used to 

determine the standard price for all 

AFA and Aleutian Islands pollock 

landings. For more information on the 

COAR, please see http://

www.adfg.alaska.gov/

index.cfm?adfg=fishlicense.coar. 

F. Reimbursable Costs 

NMFS proposes to recover the 

incremental costs associated with the 

management, data collection, and 

enforcement of the CDQ groundfish and 

halibut, AFA, Aleutian Islands pollock, 

and Amendment 80 Programs. As 

described above in the ‘‘Statutory 

Authority’’ section of this preamble, this 

is consistent with NOAA policy for 

implementing cost recovery fee 

programs. Section 1.8.3 of the RIR/IRFA 

and Tables 1–34 and 1–35 in the RIR/ 

IRFA includes detailed information 

about the types of costs that NMFS 

incurs in the management of the CDQ 

groundfish and halibut, AFA, Aleutian 

Islands pollock, and Amendment 80 

Programs. These types of incremental 

costs that NMFS incurs are summarized 

in Table 3 below. 

TABLE 3—SUMMARY OF THE TYPES OF INCREMENTAL COSTS ASSOCIATED WITH COST RECOVERY PROGRAMS

Cost Example 

Equipment Inspections ................................................ Inspecting at-sea scales that are required and implemented as part of the a cost recovery program to accurately weight harvests (e.g., AFA catcher/processors, Amendment 

80 vessels). 

Information collection and data management ............. Creating and maintaining software programs necessary to track the use of exclusive harvest privileges allocated under a program subject to cost recovery. 

Rulemaking .................................................................. Labor costs associated with developing and implementing regulations that modify a program subject to cost recovery. 

Investigations ............................................................... Investigating and enforcing violations associated with a cost recovery program (e.g., 

costs incurred investigating and enforcing provisions intended to limit the maximum 

permissible amount of quota share a person may hold and use). 

Staff meeting travel and outreach ............................... Attending and participating in meetings required to address issues related to a cost recovery meeting (e.g., travel associated with providing outreach on new regulatory provisions applicable to a program subject to cost recovery). 

Catch accounting ......................................................... Modifying catch accounting to specifically track the use of exclusive harvest privileges. 

Catch monitoring .......................................................... Deploying staff to monitor and track catch for a program subject to a cost recovery program (e.g., the Catch Monitoring and Control Plan Specialist used to monitor catch in 

the Rockfish Program). 

NMFS does not currently account for 

incremental costs for each of these 

programs, because there is not a cost 

recovery fee program in place for these 

programs. NMFS has provided estimates 

of costs for managing the AFA, Aleutian 

Islands pollock, Amendment 80, and 

CDQ groundfish and halibut Programs 

based on the best available information, 

but lacks information to provide more 

precise estimates. NMFS would provide 

a detailed accounting of costs once this 

rule became effective, if approved. 

NMFS would capture the incremental 

costs of managing the fisheries through 

an established accounting system that 

allows NMFS to track labor, travel, and 

procurement. This process is described 

in Section 1.8.3 of the RIR/IRFA. This 

accounting system for management 

costs is consistent with the methods 

NMFS uses to account for costs in the 

Halibut and Sablefish IFQ Program, 

Crab Rationalization Program, and 

Rockfish Program. 

Once the incremental costs for the 

most recent Federal fiscal year are 

identified, that amount is recovered 

from all permit holders in the program. 

NMFS would adjust the total 

management costs, annually, to account 

for any adjustments or payments 

received during the previous calendar 


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year. For example, if payments received 

by CDQ groups in 2017 were slightly 

greater than the actual management 

costs incurred for the CDQ Program for 

that fee collection period, then NMFS 

would adjust the total management 

costs, which would then slightly lower 

the fee percentage due by the CDQ 

groups in 2018. Some slight adjustment 

in the total management costs to 

account for rounding, overpayment, or 

corrections to actual costs after the fee 

liability is due is anticipated. NMFS 

would accommodate these factors on an 

annual basis by adjusting the fee 

percentages in the following year for the 

affected program. In all cases, the fee 

percentage could not be set at an 

amount higher than three percent of the 

ex-vessel value of a program fisheries 

even if the actual costs for the previous 

year exceeded three percent of the 

standard ex-vessel value for the 

landings subject to cost recovery. 

During public workshops held on this 

proposed action, participants in some 

fisheries that would be subject to a cost 

recovery fee requested that NMFS 

consider crediting, or reducing, the cost 

recovery fee for expenses that 

participants incur to cooperatively 

manage and monitor harvests. NMFS 

acknowledges that industry has taken an 

active role in establishing industrybased measures to coordinate and 

communicate information in fisheries 

for which participants receive an 

exclusive harvest privilege for a portion 

of the TAC, particularly in fisheries that 

utilize harvest cooperatives. However, 

regardless of these industry-based 

measures, NMFS has identified actual 

costs that it incurs that are directly 

related to the management, data 

collection, and enforcement of these 

programs. 

Expenses that industry incurs that 

directly reduce the NMFS’ costs for 

implementing and maintaining the 

program would reduce the cost recovery 

fee. That is, NMFS would not assess a 

fee for any costs it does not incur due 

to changes in fishing patterns with the 

implementation of a limited access 

privilege program. Section 1.8 of the 

RIR/IRFA provides additional detail on 

costs that are due to the implementation 

of the AFA, Aleutian Islands Pollock, 

Amendment 80, and CDQ Programs 

including the establishment of new 

permitting, regulatory provisions, 

monitoring requirements, data 

management, and other costs. 

G. Fee Liability Notice and Submission 

Each year by December 1, NMFS 

would send each permit holder or their 

designated representative a fee liability 

summary letter for the fees required for 

that year. The fee liability summary 

letter would calculate each permit 

holders’ fee liability. The fee liability 

would be calculated by NMFS based on: 

(1) The standard price determined by 

using data from the applicable volume 

and value report, IFQ Buyer Report, or 

the COAR; (2) the total amount of 

landings by a permit holder from 

January 1 through November 30 of that 

year; (3) NMFS’s estimate of landings 

for a permit holder from December 1 

through December 31 of that year; and 

(4) and NMFS’ actual costs from October 

1 of the previous calendar year through 

September 30 of the current calendar 

year. The total cost recovery fee would 

need to be submitted electronically to 

NMFS no later than December 31 of the 

calendar year in which the landings 

were made. 

Because the fee liability notice would 

be sent on December 1, and the fee 

liability is assessed through the end of 

the year (December 31), NMFS would 

estimate landings for each permit holder 

that would be made between December 

1 and December 31. NMFS would 

provide an estimate of landings between 

December 1 and December 31 because it 

is not possible to prepare and provide 

a fee liability notice to each permit 

holder for landings through December 

31, and require payment from each 

permit holder before fishing begins on 

January 1 of the following year. 

NMFS notes that estimates of landings 

would only be required for some of the 

fisheries subject to a cost recovery fee. 

In the case of the AFA and Aleutian 

Islands Pollock Programs, directed 

fishing for pollock is prohibited after 

November 1 (see regulations at 

§ 679.23(e)(2)(ii)), therefore there would 

be no need to estimate landings from 

December 1 through December 31. Some 

CDQ fisheries are closed prior to 

December 1, including Atka mackerel, 

fixed-gear sablefish, and halibut (see 

regulations at § 679.23(e)(4)(iii)). 

Therefore, there would be no additional 

landings in December for these fisheries, 

and an estimate of landings would not 

be required from December 1 through 

December 31. 

For other Amendment 80 and CDQ 

groundfish fisheries (e.g., Pacific ocean 

perch, Pacific cod, yellowfin sole, and 

other flatfish fisheries), historic data 

indicate that the amount of landings 

during December are small relative to 

landings during the previous 11 months, 

and NMFS is likely to be able to 

accurately estimate landings based on 

the amount of a permit holder’s 

remaining allocation during a year and 

projections of landings after December 

1. Section 1.10 of the RIR/IRFA contains 

additional information on landings of 

catch in December and methods NMFS 

would use to estimate landings for each 

program. 

Any actual landings from December 1 

through December 31 that were less 

than the estimated landings during this 

period would be accounted for in 

reporting for the following year and 

would result in a credit to the permit 

holder and would be deducted from the 

permit holder’s fee liability for the 

following year. Any actual landings that 

were greater than the estimated landings 

would be accounted for in reporting for 

the following year and would result in 

a debit to the permit holder and would 

be added to the permit holder’s fee 

liability for the following year. Section 

1.10 of the RIR/IRFA also describes how 

NMFS would adjust the fee liability for 

a permit holder from one year to the 

next to account for differences in actual 

and estimated landings from December 

1 through December 31. 

A permit holder would incur a fee 

liability for all fish that is landed and 

debited against the permit authorizing 

the permit holder to land fish in a 

program subject to cost recovery. This 

proposed rule would require a permit 

holder to designate a representative who 

would be responsible for submitting this 

payment to NMFS on or before the due 

date of December 31 of the year in 

which the landings were made. NMFS 

notes that the permit holder must selfcollect the amount due for all landings 

on his or her permit(s). NMFS advises 

program participants subject to cost 

recovery to ensure that adequate funds 

are retained on an annual basis to 

ensure that the fee liability can be paid. 

For example, during the first year of 

implementation, it may be advisable for 

the permit holder to retain a fixed 

percentage of the value of ex-vessel 

prices paid to harvesters for CDQ 

groundfish and halibut, AFA, Aleutian 

Islands Pollock, and Amendment 80 

species throughout the year. This would 

ensure that the permit holder could pay 

the required fees for fishing during the 

calendar year when the fee is due on 

December 31 of that calendar year. The 

‘‘Proposed Action’’ section of this 

preamble provides estimates of the 

range of fee percentages that may be 

required for each of the cost recovery fee 

programs, and could be used as a basis 

to establish a reasonable amount for 

each permit holder to retain. 

H. Payment Compliance 

This proposed rule would require a 

permit holder to designate a 

representative to submit the fee on the 

permit holder’s behalf. Any permit 

holder who has incurred a fee liability 

would be required to pay the fee 


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electronically to NMFS by December 31 

of the year in which the landings were 

made. A permit holder would need to 

ensure full payment for their cost 

recovery fee liability by December 31 of 

the year in which the landings were 

made. 

This proposed rule would establish an 

exception to this general requirement 

for the full payment of a cost recovery 

fee liability for the AFA Offshore Joint 

Cooperative. During public workshops 

prior to the development of this 

proposed rule, participants in the AFA 

Offshore Joint Cooperative noted the 

challenges of adequately coordinating 

among all members of their cooperative 

given the relatively large numbers of 

participants in the AFA Offshore Joint 

Cooperative. Industry participants 

suggested that withholding the entire 

Bering Sea pollock directed fishery 

allocation to the AFA Offshore Joint 

Cooperative if a complete and timely 

payment is not received would not be 

an appropriate management response. 

NMFS proposes that if the designated 

representative for the AFA Offshore 

Joint Cooperative has made a timely 

payment to NMFS of an amount less 

than the fee liability NMFS estimated, 

NMFS may choose to issue a quota 

allocation corresponding to the same 

percentage of the cost recovery fee 

received from the cooperative or group. 

For example, if only 90 percent of the 

fee liability were received on a timely 

basis, NMFS would only issue 90 

percent of the Bering Sea pollock 

directed fishery TAC to the AFA 

Offshore Joint Cooperative. 

NMFS does not propose to extend this 

provision to AFA inshore cooperatives, 

or the AFA mothership cooperative, 

because participants in other AFA 

cooperatives did not raise similar 

concerns about coordination. NMFS 

would not propose to extend this same 

provision to the Amendment 80 or CDQ 

Programs because these programs 

receive allocations from more than one 

species, and determining which 

allocation to withhold due to a partial 

payment is not possible. In addition, 

NMFS has not received a request from 

participants in the Amendment 80 or 

CDQ Programs to establish such a 

provision. NMFS specifically requests 

comment on the need and applicability 

of this proposed provision for the AFA 

Offshore Joint Cooperative. 

If a permit holder or designated 

representative fails to submit full 

payment for their cost recovery fee 

liability by December 31 of the year in 

which the landings were made, under 

this proposed rule, NMFS could 1) at 

any time thereafter send an initial 

administrative determination (IAD) to 

the permit holder or designated 

representative stating their fee liability; 

and 2) disapprove any application to 

transfer quota to or from the permit 

holder or group which receives an 

annual allocation. The IAD would state 

that the permit holder’s estimated fee 

liability due from the permit holder had 

not been paid. Any such formal 

determination may be appealed. 

NMFS has recently established a 

National Appeals Office (NAO) located 

at NMFS Headquarters in Silver Spring, 

Maryland. In 2014, NMFS adopted rules 

of procedure for NAO appeals in 15 CFR 

part 906 (79 FR 7056, February 6, 2014). 

The appeal procedures in 15 CFR part 

906 are mandatory for appeals in 

limited access privilege programs 

developed under section 303A of the 

Magnuson-Stevens Act. None of the 

programs subject to cost recovery in this 

proposed rule were developed under 

section 303A of the Magnuson-Stevens 

Act, and appeals are not required to be 

heard under the procedural rules at 15 

CFR part 906. NMFS may, however, use 

the NAO to review appeals in programs 

where NAO does not have mandatory 

jurisdiction. NMFS proposes that the 

NAO review any appeals submitted 

under the provisions of this proposed 

action. These appeals would use NAO 

procedural rules. 

Under NAO procedural rules, an 

applicant, a permit holder in this case, 

who appeals an IAD would not receive 

a permit designating an exclusive 

harvest privilege for a portion of the 

TAC in limited access privilege program 

or CDQ fisheries until the appeal was 

resolved in the applicant’s favor. 

Finally, upon final agency action, NMFS 

may continue to prohibit issuance of 

permits or quota allocation for any 

subsequent calendar years until NMFS 

receives full payment of any unpaid 

fees. If payment is not received within 

30 days after final agency action, the 

agency may pursue collection of the 

unpaid fees. 

Upon issuance of final agency action, 

payment submitted to NMFS in excess 

of any cost recovery fee liability 

determined to be due by the final 

agency action will be returned to the 

permit holder unless he or she requests 

the agency to credit the excess amount 

against the permit holder’s future cost 

recovery fee liability. Payment 

processing fees may be deducted from 

any fees returned to the permit holder 

or designated representative. 

Administrative fees may be assessed if 

the account drawn on to pay cost 

recovery fee liability has insufficient 

funds, or if the account is delinquent. 

Additionally, interest would begin 

accruing the day after the due date up 

until payment is received. The interest 

rate is set annually by the Department 

of Treasury. If payment has not been 

received 90 days after the due date, 

NMFS may also assess a one-time 

penalty fee of six percent of the amount 

owned. 

I. Annual Reports 

NMFS would annually publish a 

report for each of the proposed cost 

recovery fee programs about the 

performance of the program. The annual 

report would provide information 

regarding the amount of the fees 

received by NMFS, the disposition of 

the fees, and the program costs used in 

determining the fee for the previous 

year. The annual report is consistent 

with the reports NMFS provides for the 

three other cost recovery fee programs 

implemented in the Alaska Region. 

IV. The Proposed Action 

The proposed action would 

implement a cost recovery fee program 

for the AFA, Aleutian Islands Pollock, 

Amendment 80, and CDQ groundfish 

and halibut Programs. The following 

sections provide additional detail on the 

primary components of each of the 

proposed cost recovery fee programs, 

and a discussion of the estimated 

reimbursable costs and cost recovery 

fees for each program. A detailed 

description of each proposed cost 

recovery fee program can be found in 

section 1.10 of the RIR/IRFA. 

A. Pollock Cost Recovery Fee Programs 

1. AFA Cost Recovery Fee Program 

Applicable Entities 

As described in the ‘‘American 

Fisheries Act Program’’ section of this 

preamble, the AFA allocates the Bering 

Sea pollock TAC to three sectors— 

catcher/processor, mothership, and 

inshore. Each of these sectors created 

one or more cooperatives to promote the 

rational and orderly harvest and 

processing of pollock (see Table 5 of this 

preamble). Because management costs 

can differ among these three sectors, 

NMFS proposes to assess management 

fees for the each of the AFA sectors 

separately. These are explained in 

greater detail in Table 7 of this 

preamble, and section 1.8.6 of the RIR/ 

IRFA. 

NMFS proposes adding regulations at 

§ 679.61(e)(1)(vi) that require each AFA 

cooperative include a requirement that 

lists the obligations of members of a 

cooperative to ensure the full payment 

of all AFA fee liabilities that may be 

due. This proposed regulation does not 

proscribe the specific measures that an 

AFA cooperative may choose to 


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establish, but does require that those 

provisions are listed in the cooperative 

agreement. This requirement is intended 

to encourage and facilitate coordination 

among AFA cooperative members for 

the timely and complete payment of 

fees. NMFS implemented a similar 

requirement in the Rockfish Program to 

facilitate coordination in that cost 

recovery fee program, and the 

provisions proposed in this rule would 

be appropriate for the AFA 

cooperatives. NMFS is proposing a 

similar requirement for Amendment 80 

cooperatives. 

The AFA Offshore Joint Cooperative 

would be subject to an AFA cost 

recovery fee. The AFA Offshore Joint 

Cooperative receives an exclusive 

harvest privilege of up to 99.5 percent 

of the TAC allocated to the catcher/

processor sector. As noted earlier in this 

preamble, the one statutorily defined 

catcher/processor participant who is not 

a member of the AFA Offshore Joint 

Cooperative is not subject to an AFA 

cost recovery fee. The individual 

responsible for submitting the cost 

recovery fee for the catcher/processor 

sector would be the AFA Offshore Joint 

Cooperative’s designated representative. 

The AFA Mothership Fleet 

Cooperative would be subject to an AFA 

cost recovery fee. The AFA Mothership 

Fleet Cooperative receives an exclusive 

harvest privilege for the AFA 

mothership sector. All participants in 

the AFA mothership sector are members 

of the AFA Mothership Fleet 

Cooperative. The individual responsible 

for submitting the cost recovery fee for 

the mothership sector is the Mothership 

Fleet Cooperative’s designated 

representative. 

AFA inshore sector cooperatives 

would be subject to an AFA cost 

recovery fee. The AFA Inshore Catcher 

Vessel Cooperative Permit (see 

§ 679.5(l)(6)) lists the AFA catcher 

vessels and processors that are members 

of an inshore cooperative and the 

percentage of the AFA inshore sector 

allocation that a cooperative receives. 

The individual responsible for 

submitting the cost recovery fee for each 

inshore cooperative would be the 

designated cooperative representative 

identified in a cooperative’s application 

for an AFA Inshore Catcher Vessel 

Cooperative Permit. 

Table 4 summarizes the information 

used to determine standard prices, any 

additional reporting requirement, 

calculation of the standard ex-vessel 

value, the person responsible for 

submitting the fee payment, and 

submittal requirements and deadlines 

for each AFA cooperative. 

TABLE 4—SUMMARY OF THE AFA COST RECOVERY FEE PROGRAM ELEMENTS

What species are subject to a cost recovery fee? Bering sea pollock. 

How is the standard price determined? NMFS would calculate a standard price based on data from the COAR from the previous 

calendar year. 

Are there additional reporting requirements for AFA 

cooperatives to determine the standard price? 

No. 

How will NMFS determine the Standard Ex-vessel 

Value? 

NMFS will add total reported landings of Bering Sea pollock from January 1 through November 30, estimate total landings from December 1 through December 31, if any, for 

each AFA cooperative and multiply that amount by the standard price determined by 

COAR data to calculate a Standard Ex-vessel value for each AFA cooperative. 

Who is responsible for fee payment and (how many 

cooperatives are estimated to receive a fee liability 

notice)? 

AFA Catcher/Processor Sector: AFA Offshore Joint Cooperative designated representative (1). 

AFA Mothership Sector: AFA Mothership Fleet Cooperative designated representative 

(1). 

AFA Inshore Sector: designated cooperative representative on each AFA Inshore Catcher Vessel Cooperative Permit application (7). 

When are the standard prices published in the Federal Register and when are fee liability notices 

sent? 

The standard prices are published in the Federal Register by December 1 of each calendar year, and the fee liability notices will be sent to each designated representative 

by December 1 of each calendar year. 

When are fee liability payments due and how are 

they submitted? 

Fee liability notices are due by December 31 of each year, and must be submitted online. Submittal forms are available online at: http://www.alaskafisheries.noaa.gov. 

2. Aleutian Islands Pollock Cost 

Recovery Fee Program Applicable 

Entities 

The annual Aleutian Islands pollock 

TAC is allocated to the Aleut 

Corporation. The representative 

designated by the Aleut Corporation 

would be responsible for submitting the 

cost recovery fee. The CEO of the Aleut 

Corporation is the designated 

representative, unless the Aleut 

Corporation Board of Directors notifies 

the Regional Administrator in writing of 

an alternate designated representative. 

Table 5 summarizes the information 

used to determine standard prices, any 

additional reporting requirement, 

calculation of the standard ex-vessel 

value, the person responsible for 

submitting the fee payment, and 

submittal requirements and deadlines 

for each AFA cooperative. 

TABLE 5—SUMMARY OF THE ALEUTIAN ISLANDS POLLOCK COST RECOVERY FEE PROGRAM ELEMENTS

What species are subject to a cost recovery fee? Aleutian Islands pollock. 

How is the standard price determined? NMFS would calculate a standard price based on data from the COAR from the previous 

calendar year. The standard price would be applied to all landings during a calendar 

year. 

Are there additional reporting requirements for the 

Aleut Corporations to determine the standard 

price? 

No. 

How will NMFS determine the Standard Ex-vessel 

Value? 

NMFS will add total reported landings of Aleutian Islands pollock from January 1 through 

November 30, estimate total landings from December 1 through December 31, if any, 

and multiply that amount by the standard price determined by COAR data to calculate 

a Standard Ex-vessel value for each AFA cooperative. 


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TABLE 5—SUMMARY OF THE ALEUTIAN ISLANDS POLLOCK COST RECOVERY FEE PROGRAM ELEMENTS—Continued 

Who is responsible for fee payment and (how many 

cooperatives are estimated to receive a fee liability 

notice)? 

Aleut Corporation (1). 

When are the standard prices published in the Federal Register and when are fee liability notices 

sent? 

The standard prices are published in the Federal Register by December 1 of each calendar year, and the fee liability notices will be sent to each designated representative 

by December 1 of each calendar year. 

When are fee liability payments due and how are 

they submitted? 

Fee liability notices are due by December 31 of each year, and must be submitted online. Submittal forms are available online at: http://www.alaskafisheries.noaa.gov. 

3. Costs, Values, and Fee Percentage 

Table 6 provides a summary of AFA 

and Aleutian Islands pollock gross exvessel revenue, recoverable costs, and 

what the resulting cost recovery fee 

percentage would have been for 2009 

through 2013. Recoverable costs are 

based on management costs estimated to 

be incurred by several divisions within 

the Alaska Region of NMFS, NOAA 

Office of Law Enforcement (NMFS 

OLE), and the NMFS Observer Program 

(Observer Program). NMFS notes that 

recoverable costs were not identified in 

the RIR/IRFA for the Alaska Department 

of Fish and Game (ADF&G), the Alaska 

Fisheries Science Center (AFSC), or the 

North Pacific Fishery Management 

Council. NMFS notes that a directed 

fishery for Aleutian Islands pollock has 

not occurred since the implementation 

of the Aleutian Islands Pollock Program 

in 2005, and NMFS has reallocated the 

available allocation of Aleutian Islands 

pollock to the Bering Sea fishery. 

Because the directed pollock fishery in 

the Bering Sea is managed under the 

AFA, the revenues and costs from the 

reallocated Aleutian Islands pollock are 

associated with the AFA. This means 

that during this time period, the 

recoverable costs would have been 

associated with the AFA Program. 

Those revenues and costs are described 

in Table 6 of this preamble. If directed 

pollock fishing occurs in the Aleutian 

Islands in future years, NMFS would 

assess the Aleut Corporation a cost 

recovery fee for the directed Aleutian 

Islands pollock fishery. 

If the same fee percentage were 

applied to all AFA sectors, the fee 

would have ranged from a high of 0.58 

percent in 2010 to a low of 0.29 percent 

in 2012. Because the management costs 

associated with the AFA catcher/

processor, inshore, and mothership 

sectors are known to vary, Table 6 

provides estimates of the cost recovery 

fee percentage when it is established for 

each sector—catcher/processor (C/P), 

mothership (MS), and inshore. Those 

data indicate that the catcher/processor 

sector would pay a greater cost recovery 

fee than the mothership or inshore 

sector. The catcher/processor sector 

would pay a greater cost recovery fee 

percentage because enforcement and 

observer program costs are greater for 

that sector, relative to the others. 

Additional detail on the costs associated 

with each of the AFA sectors is 

provided in section 1.8.6 of the RIR/

IRFA. 

TABLE 6—SUMMARY OF AFA AND ALEUTIAN ISLANDS POLLOCK PROGRAM ESTIMATED COSTS, EX-VESSEL VALUE, AND

FEE PERCENTAGE BY YEAR AND BY SECTOR

Entity incurring costs 

Cost incurred for each AFA sector 

C/P MS Inshore Total 

Costs (estimated for all years) 

NMFS Alaska Region ...................................................................................... $97,832 $47,518 $179,452 $324,802 

NMFS OLE ...................................................................................................... 246,460 49,292 197,168 492,920 

Observer Program ........................................................................................... 239,096 53,911 96,454 389,461 

Total (Millions) ................................................................................................. 0.58 0.15 0.47 1.21 

AFA Sector 

Year 

2010 2011 2012 2013 

Ex-vessel Value per year ($ Millions) 

C/P ................................................................................................................... $83 $141 $168 $155 

MS .................................................................................................................... 21 35 42 39 

Inshore ............................................................................................................. 104 176 208 194 

AFA sector 

Year 

2010 2011 2012 2013 

Estimated Fee Percentage (Percent of Ex-vessel Value) 

C/P ................................................................................................................... 0.70% 0.41 0.35 0.38 

MS .................................................................................................................... 0.72% 0.43 0.36 0.39 

Inshore ............................................................................................................. 0.45% 0.27 0.23 0.24 

In each year considered in Table 6, 

the fee percentage for each sector was 

less than 0.75 percent of the ex-vessel 

value of the fishery. This means that 

AFA program costs would need to 

increase by a minimum of 400 percent, 


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or program revenue would need to fall 

by the same percentage in order for the 

fee percentage to reach the maximum 

fee limit of three percent of ex-vessel 

value. Therefore, the fee percentage that 

would be implemented for this program 

is expected to be small. 

4. Calculation of Standard Price 

Information 

BSAI ex-vessel pollock prices will be 

derived from the COAR. The rationale 

for using the COAR has been described 

earlier in this preamble. Pollock 

standard prices would be the average 

ex-vessel price for the year. The average 

ex-vessel price, calculated using the 

inshore sectors’ COAR data, would be 

used to determine the annual standard 

price for all AFA, Aleutian Islands, and 

CDQ pollock landings. The assessment 

of fees for pollock harvested by CDQ 

Groups is described in the ‘‘CDQ Cost 

Recovery Fee Program’’ section of this 

preamble. The inshore price would be 

used as a standard price for all BSAI 

pollock landings because it provides an 

ex-vessel price based on the sale of 

pollock, rather than imputing an exvessel price from wholesale value to 

estimate a standard price. 

Once the standard price has been 

calculated, NMFS would determine the 

fee percentages and announce the 

percentage in a Federal Register notice 

by December 1 of the year in which the 

landings were made. The fee must be 

submitted electronically to NMFS by 

December 31 of the calendar year in 

which the landings were made. 

B. Amendment 80 Cost Recovery Fee 

Program 

1. Amendment 80 Cost Recovery Fee 

Program Applicable Entities 

NMFS issues the CQ permit to an 

Amendment 80 cooperative based on an 

annual CQ permit application submitted 

by each Amendment 80 cooperative. 

The Amendment 80 CQ permit 

application specifies the cooperative’s 

designated representative. The 

Amendment 80 cooperative’s designated 

representative would be responsible for 

submitting the cost recovery fee for the 

cooperative under this proposed action. 

Amendment 80 quota shareholders who 

do not choose to join an Amendment 80 

cooperative may participate in the 

Amendment 80 limited access fishery. 

The Amendment 80 limited access 

fishery does not meet the definition of 

a limited access privilege program, and 

participants in that fishery would not be 

subject to a cost recovery fee. Since 

2011, all 27 catcher/processors 

participating in the Amendment 80 

Program are members of one of two 

cooperatives—the Alaska Seafood 

Cooperative or the Alaska Groundfish 

Cooperative. No Amendment 80 quota 

shareholders have elected to participate 

in the limited access fishery. 

NMFS proposes adding regulations at 

§ 679.91(b)(4)(vii) that would require 

that Amendment 80 cooperative 

agreements list the obligations of 

Amendment 80 cooperative members to 

ensure full payment of cost recovery 

fees among their members. This 

proposed regulation does not proscribe 

the specific provisions that Amendment 

80 cooperatives may choose to ensure 

full payment of cost recovery fees 

among their members, but it does 

require that those provisions are listed 

in the cooperative agreement. This 

requirement is intended to encourage 

and facilitate coordination among 

Amendment 80 cooperative members 

for the timely and complete payment of 

fees. As noted earlier in this preamble, 

NMFS implemented a similar 

requirement in the Rockfish Program, 

and is proposing similar provisions for 

the AFA and Amendment 80 

cooperatives. 

Table 7 summarizes the information 

used to determine standard prices, any 

additional reporting requirement, 

calculation of the standard ex-vessel 

value, the person responsible for 

submitting the fee payment, and 

submittal requirements and deadlines 

for each Amendment 80 cooperative. 

TABLE 7—SUMMARY OF THE AMENDMENT 80 COST RECOVERY FEE PROGRAM ELEMENTS

What species are subject to a cost recovery fee? Amendment 80 species: (BSAI Atka Mackerel, BSAI flathead sole, BSAI Pacific cod, 

Aleutian Islands Pacific ocean perch, BSAI rock sole, and BSAI yellowfin sole). 

How is the standard price determined? NMFS would calculate a standard price for BSAI Pacific cod based on data from the Pacific Cod Volume and Value Report. The standard price would be applied to all landings during a calendar year. 

NMFS would calculate a standard price for all other species other than BSAI Pacific cod 

from the First Wholesale Volume and Value Report. The standard price would be applied to all landings during a calendar year, except for BSAI rock sole. NMFS would 

calculate one standard price for landings made from January 1 through March 31, and 

a separate standard price for landings made from April 1 through December 31 of 

each year. 

Are there additional reporting requirements to determine the standard price? Yes. Each Amendment 80 vessel owner that lands Amendment 80 species during a calendar year is required to submit a First Wholesale Volume and Value Report. 

How will NMFS determine the Standard Ex-vessel 

Value? 

NMFS will add total reported landings of Amendment 80 species from January 1 through 

November 30, estimate total landings from December 1 through December 31, if any, 

for each cooperative and multiply that amount by the standard price determined by the 

applicable volume and value report. 

Who is responsible for fee payment and (how many 

cooperatives are estimated to receive a fee liability 

notice)? 

The Amendment 80 Cooperative’s designated representative listed on the Cooperative 

Quota (CQ) application (2). 

When are the standard prices published in the Federal Register, and when are fee liability notices 

sent? 

The standard prices are published in the Federal Register by December 1 of each calendar year, and the fee liability notices will be sent to each designated representative 

by December 1 of each calendar year. 

When are fee liability payments due and how are 

they submitted? 

Fee liability notices are due by December 31 of each year, and must be submitted online. Submittal forms are available online at: http://www.alaskafisheries.noaa.gov. 

2. Cost, Values, and Fee Percentage 

Table 8 provides an estimate of the 

management costs subject to the cost 

recovery program, gross ex-vessel 

revenue from fishery species allocated 

to the Amendment 80 Program, and 

estimates of the cost recovery fee 

percentages from 2010 through 2013. 

Total management costs subject to a cost 

recovery fee were estimated to be 

approximately $1.36 million per year. 

Recoverable fees are estimated based on 

management costs incurred by several 

divisions within the Alaska Region of 

NMFS, NMFS OLE, AFSC, and the 


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Observer Program. Section 1.8.4 of the 

RIR/IRFA provides additional detail 

about the estimated management costs 

associated with the Amendment 80 

Program. 

TABLE 8—SUMMARY OF AMENDMENT 80 PROGRAM ESTIMATED COSTS, GROSS EX-VESSEL REVENUE, AND FEE

PERCENTAGE

Entity incurring costs Cost incurred 

Costs (estimated for all years) 

NMFS Alaska Region .......................................................................................................................................................................... $486,364 

NMFS OLE .......................................................................................................................................................................................... 492,920 

Alaska Fisheries Science Center ........................................................................................................................................................ 49,627 

Observer Program ............................................................................................................................................................................... 333,548 

Total ($ Millions) ........................................................................................................................................................................... 1.36 

Entity 

Year 

2010 2011 2012 2013 

Ex-Vessel Value per year ($ Millions) 

Amendment 80 Cooperatives .......................................................................... $89 $112 $98 $84 

Entity 

Year 

2010 2011 2012 2013 

Estimated Fee Percentage (Percent of Ex-Vessel Value) 

Amendment 80 Cooperatives .......................................................................... 1.54% 1.22% 1.49% 1.62% 

Based on the estimated gross ex-vessel 

revenue from the fishery species subject 

to a cost recovery fee under the 

Amendment 80 Program, vessels in the 

Amendment 80 Program generated 

between $84 million and $112 million 

of ex-vessel value per year during the 

period analyzed. Relative to the 

estimated recoverable costs, these exvessel values result in a cost recovery 

fee ranging from 1.22 percent to 1.62 

percent, depending on the year, to 

generate $1.36 million to cover 

reimbursable management costs. In each 

year considered in Table 8, the cost 

recovery fee was estimated to be less 

than 1.7 percent of the estimated exvessel value landed by the Amendment 

80 cooperatives. Based on these 

percentages, the cost of managing the 

Amendment 80 Program would need to 

double, or revenue would need to 

decrease by half before the maximum 

fee of three percent of ex-vessel value 

would be reached. Therefore, the fee 

percentage that would be implemented 

for this program is expected to be small. 

3. Calculation of Standard Price 

Information 

To generate timely standard prices 

NMFS would collect first wholesale 

data on round (unprocessed) pounds 

and value from the First Wholesale 

Volume and Value Report. Annual 

standard prices will be used for all 

Amendment 80 species except rock sole. 

As noted earlier in this preamble, two 

standard prices will be estimated for 

rock sole, one for the first quarter (from 

January 1 through March 31), and one 

for the remainder of the year (April 1 

through December 31). Standard prices 

and the cost recovery fee percentage 

will be reported in a Federal Register 

notice by December 1 and the fee 

liability payment will be due on 

December 31st. This billing cycle 

enables NMFS to base the cost recovery 

fee liability on that year’s ex-vessel 

revenue to the extent possible (January 

1 through October 31), while allowing 

NMFS to collect the cost recovery fees 

prior to issuing a CQ permit to 

Amendment 80 cooperatives for the 

upcoming fishing year that begins in 

January. 

C. CDQ Cost Recovery Fee Program 

1. CDQ Cost Recovery Fee Program 

Applicable Entities 

This proposed rule defines each CDQ 

group as the person subject to cost 

recovery fees for CDQ groundfish and 

halibut fisheries. The designated 

representative of a CDQ group is the 

individual responsible for remitting 

payment for their CDQ group (see Table 

9 of this preamble). 

NMFS annually allocates a portion of 

groundfish and halibut TACs to the 

CDQ groups as described above in the 

‘‘CDQ Program’’ section of this 

preamble. NMFS annually publishes the 

allocations of groundfish and halibut 

TACs to each CDQ group on the Alaska 

Region Web site at http://

www.alaskafisheries.noaa.gov/cdq/

current_historical.htm. The information 

in this publication would represent the 

permit that provides an exclusive 

harvest privilege to the CDQ group to 

harvest its allocation of groundfish and 

halibut TACs. Each CDQ group would 

be responsible for submitting to NMFS 

the cost recovery fee associated with 

landings made from its allocation of 

groundfish and halibut TACs. This 

method is consistent with the method 

NMFS uses to collect fees for crab CDQ 

in the Crab Rationalization cost recovery 

fee program (see § 680.44). 

In developing this proposed action, 

NMFS considered defining the 

Administrative Panel authorized in 

section 305(i)(1)(G) as the person subject 

to cost recovery fees for CDQ groundfish 

and halibut fisheries. Under this option, 

NMFS would submit a single cost 

recovery fee liability notice for all CDQ 

Program cost recovery fees to WACDA, 

the entity currently serving as the 

Administrative Panel for the CDQ 

Program. NMFS did not select this 

approach because it would not be 

consistent with the current management 

structure of the CDQ groundfish and 

halibut fisheries. As described earlier in 

the ‘‘CDQ Program’’ section of this 

preamble and in section 1.5.2.1 of the 


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RIR/IRFA, existing CDQ groundfish and 

halibut catch monitoring and reporting 

requirements are structured to ensure 

that each CDQ group actively monitors 

the harvest of its allocations, and that 

each group takes action to constrain its 

fishing activities should its harvest 

approach or reach a particular 

allocation. Furthermore, CDQ group 

representatives did not support 

combining cost recovery fees for all 

CDQ groups into one fee liability notice 

for the CDQ Program. These 

representatives noted that combining 

responsibility for all CDQ Program cost 

recovery fee liabilities could 

disadvantage some CDQ groups if one or 

more groups do not submit their fee by 

the deadline and NMFS withheld 

groundfish or halibut allocations to the 

CDQ Program in the next year. Making 

each CDQ group responsible for its own 

fees eliminates the potential for a CDQ 

group to be held accountable and 

potentially have its CDQ withheld if 

another CDQ group fails to submit a 

timely and complete fee payment. 

Table 9 summarizes the information 

used to determine standard prices, any 

additional reporting requirement, 

calculation of the standard ex-vessel 

value, the person responsible for 

submitting the fee payment, and 

submittal requirements and deadlines 

for each CDQ group. 

TABLE 9—SUMMARY OF THE CDQ COST RECOVERY FEE PROGRAM ELEMENT

What species are subject to a cost recovery fee? Groundfish species allocated to the CDQ Program: 

(BSAI Atka Mackerel, BSAI flathead sole, Bering Sea Greenland turbot, BSAI Pacific 

cod, Aleutian Islands Pacific ocean perch, BSAI Pollock, BSAI rock sole, BSAI sablefish, and BSAI yellowfin sole), and BSAI halibut. 

How is the standard price determined? NMFS would calculate a standard price for BSAI Pacific cod based on data from the Pacific Cod Volume and Value Report. The standard price would be applied to all landings during a calendar year. 

NMFS would calculate a standard price for all other species other than BSAI pollock, 

BSAI Pacific cod, BSAI sablefish, and BSAI Halibut from the First Wholesale Volume 

and Value Report. The standard price would be applied to all landings during a calendar year, except for BSAI rock sole. NMFS would calculate one standard price for 

landings made from January 1 through March 31, and a separate standard price for 

landings made from April 1 through December 31 of each year. 

NMFS would calculate a standard price for BSAI pollock based on data from the COAR 

from the previous calendar year. The standard price would be applied to all landings 

during a calendar year. 

NMFS would calculate a standard price for BSAI sablefish and BSAI halibut from the IFQ 

Buyer Report. The standard price would be applied to all landings during a calendar 

year. 

Are there additional reporting requirements from CDQ 

groups to determine the standard price? 

No. 

How will NMFS determine the Standard Ex-vessel 

Value? 

NMFS will add total reported landings of the above mentioned species from January 1 

through November 30, estimate total landings from December 1 through December 31, 

if any, for each cooperative and multiply that amount by the standard price determined 

by the Volume and Value reports. 

Who is responsible for fee payment and (how many 

cooperatives are estimated to receive a fee liability 

notice)? 

The CDQ group’s designated representative (6). 

When are the standard prices published in the Federal Register and when are the fee liability notices 

sent? 

The standard prices are published in the Federal Register by December 1 of each calendar year, and the fee liability notices will be sent to each designated representative 

by December 1 of each calendar year. 

When are fee liability payments due and how are 

they submitted? 

Fee liability notices are due by December 31 of each year, and must be submitted online. Submittal forms are available online at: http://www.alaskafisheries.noaa.gov. 

2. Cost, Values, and Fee Percentage 

NMFS, NMFS OLE, the Observer 

Program, and ADF&G all contribute to 

the management of the CDQ Program. 

Table 10 provides a summary of the 

management costs subject to the cost 

recovery fee program, gross ex-vessel 

revenue from species allocated to the 

CDQ Program, and estimates of the cost 

recovery fee percentages from 2010 

through 2013. Fees were estimated to be 

about $0.63 million per year, at current 

levels. These fees included the costs of 

developing reports on halibut landings, 

providing support for information 

systems (e.g., e-Landings catch and 

production reporting system), and 

stationing observers on vessels. Section 

1.8.4 of the RIR/IRFA provides 

additional detail about the estimated 

management costs associated with the 

Amendment 80 Program. 

TABLE 10—SUMMARY OF CDQ GROUNDFISH AND HALIBUT ESTIMATED COSTS, GROSS EX-VESSEL REVENUE, AND FEE

PERCENTAGE

Entity incurring costs Cost incurred 

Costs (estimated for all years) 

NMFS Alaska Region .......................................................................................................................................................................... $234,796 

NMFS OLE .......................................................................................................................................................................................... 246,460 

ADF&G ................................................................................................................................................................................................. 65,612 

Observer Program ............................................................................................................................................................................... 84,799 

Total ($ Millions) ........................................................................................................................................................................... 0.63 


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Entity 

Year 

2010 2011 2012 2013 

Ex-vessel Value per year ($ Millions) 

CDQ Groups .................................................................................................... $47 $74 $87 $76 

Entity 

Year 

2010 2011 2012 2013 

Estimated Fee Percentage (Percent of Ex-vessel Value) 

CDQ Groups .................................................................................................... 1.33% 0.86% 0.73% 0.83% 

The CDQ Program fee percentage was 

estimated to range from 0.73 percent to 

1.33 percent per year from 2010 through 

2013. The estimated fee percentage for 

2013 was less than 1.0 percent of the 

gross ex-vessel value of species directly 

allocated to the CDQ Program. In each 

year, considered in Table 10, the fee 

percentage was less than 1.4 percent. 

Based on these percentages, the cost of 

managing the CDQ Program would need 

to double, or revenue would need to 

decrease by half before the maximum 

fee of three percent of ex-vessel value 

would be reached. Therefore, the fee 

percentage that would be implemented 

for this program is expected to be small. 

3. Calculation of Standard Price 

Information 

NMFS would calculate cost recovery 

fees for CDQ halibut and fixed gear 

sablefish based on the standard prices 

calculated and reported by NMFS for 

the Halibut and Sablefish IFQ Program 

cost recovery fee. NMFS would use the 

IFQ Buyer Report to determine standard 

prices for CDQ halibut and sablefish. 

NMFS determined that IFQ standard 

prices would be appropriate for CDQ 

halibut and sablefish because buyers of 

CDQ halibut and sablefish are required 

by § 679.5(l)(7)(i) to submit the IFQ 

Buyer Report. Therefore, price data for 

CDQ halibut and sablefish are already 

reported. The standard prices for 

pollock allocations harvested by CDQ 

groups would be derived from the 

COAR data. The standard prices for 

Pacific cod allocations harvested by 

CDQ groups would be derived from the 

Pacific Cod Ex-vessel Volume and Value 

Report. The standard prices for the 

remaining CDQ groundfish species, 

other than Pacific cod, pollock, halibut, 

and fixed gear sablefish, would be 

derived from the First Wholesale 

Volume and Value Report. 

V. Classification 

Pursuant to section 305(d) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

this proposed rule is consistent with the 

FMP, other provisions of the MagnusonStevens Act, and other applicable law, 

subject to further consideration after 

public comment. This proposed rule has 

been determined to be not significant for 

purposes of Executive Order 12866. 

A. Initial Regulatory Flexibility Analysis 

An IRFA was prepared, as required by 

section 603 of the Regulatory Flexibility 

Act. The IRFA describes the economic 

impact this proposed rule, if adopted, 

would have on small entities. Copies of 

the RIR/IRFA prepared for this proposed 

rule are available from NMFS (see 

ADDRESSES). 

The IRFA for this proposed action 

describes the action, why this action is 

being proposed, the objectives and legal 

basis for the proposed rule, the type and 

number of small entities to which the 

proposed rule would apply, and the 

projected reporting, recordkeeping, and 

other compliance requirements of the 

proposed rule. It also identifies any 

overlapping, duplicative, or conflicting 

Federal rules and describes any 

significant alternatives to the proposed 

rule that would accomplish the stated 

objectives of the Magnuson-Stevens Act 

and other applicable statues and that 

would minimize any significant adverse 

economic impact of the proposed rule 

on small entities. The description of the 

proposed action, its purpose, and its 

legal basis are described in the preamble 

and are not repeated here. 

This proposed rule would directly 

regulate six CDQ groups that support 

and manage the activities of the CDQ 

communities. The groups include the 

Aleutian Pribilof Island Community 

Development Association, the Bristol 

Bay Economic Development 

Corporation, the Central Bering Sea 

Fishermen’s Association, the Coastal 

Villages Region Fund, the Norton Sound 

Economic Development Corporation, 

and the Yukon Delta Fisheries 

Development Association. These groups 

represent 65 villages and maintain a 

non-profit status. Each of the CDQ 

groups is organized as an independently 

owned and operated not-for-profit entity 

and none is dominant in its field; 

consequently, each is a ‘‘small entity’’ 

under the Small Business 

Administration’s definition for ‘‘small 

organization’’. Section 2.6 of the IRFA 

prepared for this proposed rule provides 

more information on these entities. 

In addition, this action would regulate 

Amendment 80 and AFA cooperatives, 

and the vessels that are harvesting 

exclusive harvest privileges under the 

Amendment 80 and AFA programs; The 

Aleut Corporation; and processors and 

motherships that receive CDQ Pacific 

cod deliveries and trawl-caught Pacific 

cod. The Small Business Administration 

defines a small commercial finfish 

fishing entity as one that has annual 

gross receipts, from all activities of all 

affiliates, of less than $20.5 million (79 

FR 33647, July 14, 2014). None of these 

entities are considered to be small 

entities based on the SBA’s size 

standard. 

B. Description of Significant 

Alternatives Considered 

The Magnuson-Stevens Act requires 

that those participating in limited access 

privilege programs and the CDQ 

Program pay up to three percent of the 

ex-vessel value of the fish they are 

allocated to cover specific costs that are 

incurred by the management agencies as 

a direct result of implementing the 

programs. Given the specific 

requirements of the Magnuson-Stevens 

Act to implement a cost recovery fee, no 

other alternatives would accomplish the 

stated objective. 

NMFS considered and analyzed a 

range of specific options to determine 

standard prices for calculating standard 

ex-vessel value data, due dates for 

volume and value reports, and fee 

submission, as described in the IRFA. 

NMFS selected those options that would 

minimize reporting burden and costs on 

small entities consistent with the stated 

objective when possible. 


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For the options to determine standard 

prices for calculating standard ex-vessel 

value data, NMFS considered options to 

use COAR data to determine standard 

prices and standard ex-vessel values for 

all species subject to cost recovery, but 

did not select that option for species 

other than BSAI pollock because COAR 

data is not an accurate data source for 

species where the price changes on a 

year-by-year basis. NMFS did select 

options that minimized reporting 

requirements on small entities by using 

existing data sources (e.g., COAR for 

BSAI pollock, and the IFQ buyer report 

for BSAI sablefish and BSAI halibut). 

For the provision setting the deadline 

date for two new reports that would be 

required under this proposed rule: The 

Pacific Cod Ex-Vessel Volume and 

Value Report and the First Wholesale 

Volume and Value Report, NMFS 

considered December 1 for the due date 

for volume and value reports, as well as 

whether or not the volume and value 

reports should aggregate all prices for 

the year. NMFS selected November 1 for 

the submission of reports, because it 

provided the most current data available 

while still allowing fee liabilities to be 

calculated on a timely basis so they 

could be sent out by December 1. For 

the fee submission deadline, NMFS 

considered selecting an earlier 

(November 30) and later fee submission 

due date (January 15), but ultimately 

selected December 31 to ensure all fees 

for all landings are included for each 

year. These dates would also minimize 

the potential impact on small entities 

relative to other dates considered. 

C. Additional Provisions Considered 

NMFS also considered implementing 

a cost recovery fee for the Freezer 

Longline Coalition Cooperative (FLCC). 

NMFS considered this alternative 

because initial analysis indicated that 

the FLCC exclusively harvested the 

allocation assigned to the hook-and-line 

catcher/processor sector (79 FR 12108, 

March 4, 2014). However, vessels that 

are not part of the FLCC harvest a 

portion of the allocation assigned to 

hook-and-line catcher/processor sector. 

A limited number of vessels harvest 

Pacific cod as hook-and-line catcher/

processors within State waters and are 

not required to use an FFP or License 

Limitation Program license. These State 

water harvests are deducted from the 

proportion of the BSAI Pacific cod TAC 

assigned to the hook-and-line catcher/

processor sector. The harvest by these 

vessels is deducted from the Federal 

TAC and is not subject to limitation by 

NMFS. Therefore, the FLCC does not 

have an exclusive harvest privilege for 

a proportion of the TAC assigned to 

hook-and-line catcher/processor sector, 

and the FLCC is not considered a 

limited access privilege program for 

purposes of this proposed action. NMFS 

will continue to review the status of the 

FLCC, and would implement a cost 

recovery fee program for the FLCC in 

the future, if applicable. 

D. Collection-of-Information 

Requirements 

This proposed rule contains 

collection-of-information requirements 

subject to review and approval by OMB 

under the Paperwork Reduction Act 

(PRA). NMFS has submitted these 

requirements to OMB for approval. The 

requirements are listed below by OMB 

collection number. 

OMB Control No. 0648–0318 

With this action, the observer fee 

submittal (15 minutes) is removed from 

this collection and added to the new fee 

collection. 

OMB Control No. 0648–0398 

With this action, this IFQ Cost 

Recovery collection is removed and 

superseded by the new cost recovery 

collection. 

OMB Control No. 0648–0401 

Public reporting burden per response 

is estimated to average four hours for 

Cooperative Contract. 

OMB Contract No. 0648–0545 

With this action, the Rockfish volume 

and value form (two hours) is removed 

from this collection. 

OMB Control No. 0648–0565 

Public reporting burden per response 

is estimated to average two hours for 

Application for Amendment 80 

Cooperative Quota. 

OMB Control No. 0648–0570 

With this action, the Crab 

Rationalization Program Cost Recovery 

collection is removed and superseded 

by the new cost recovery collection. 

OMB Control No. 0648–New 

Public reporting burden per response 

is estimated to average one minute for 

cost recovery fee or observer fee 

submission; five minutes for value and 

volume report; four hours for appeals. 

Estimates for public reporting burden 

include the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection of information. 

Public comment is sought regarding: 

Whether these proposed collections of 

information are necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility; 

the accuracy of the burden estimate; 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the collection of information, 

including through the use of automated 

collection techniques or other forms of 

information technology. Send comments 

on these or any other aspects of the 

collection of information to NMFS at the 

ADDRESSES above and email to OIRA_

Submission@omb.eop.gov, or fax to 

(202) 395–5806. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number. 

All currently approved NOAA 

collections of information may be 

viewed at: http://www.cio.noaa.gov/

services_programs/prasubs.html. 

List of Subjects in 50 CFR Part 679 

Alaska, Cost recovery, Fisheries, 

Reporting and recordkeeping 

requirements. 

Dated: December 29, 2014. 

Eileen Sobeck, 

Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 679 is proposed 

to be amended as follows: 

PART 679—FISHERIES OF THE 

EXCLUSIVE ECONOMIC ZONE OFF 

ALASKA 

■ 1. The authority citation for 50 CFR 

part 679 continues to read as follows: 

Authority: 16 U.S.C. 773 et seq.; 1801 et 

seq.; 3631 et seq.; Pub. L. 108–447; Pub. L. 

111–281. 

■ 2. In § 679.2, add definitions for ‘‘AFA 

equivalent pounds’’; ‘‘AFA fee 

liability’’; ‘‘AFA fee percentage’’; ‘‘AFA 

standard ex-vessel value’’; ‘‘AFA 

standard price’’; ‘‘Aleutian Islands 

pollock equivalent pounds’’; ‘‘Aleutian 

Islands pollock fee liability’’; ‘‘Aleutian 

Islands pollock fee percentage’’; 

‘‘Aleutian Islands pollock standard exvessel value’’; ‘‘Aleutian Islands pollock 

standard price’’; ‘‘Amendment 80 

equivalent pounds’’; ‘‘Amendment 80 

fee liability’’; ‘‘Amendment 80 fee 

percentage’’; ‘‘Amendment 80 standard 

ex-vessel value’’; ‘‘Amendment 80 

standard price’’; ‘‘CDQ equivalent 

pounds’’; ‘‘CDQ fee liability’’; ‘‘CDQ fee 

percentage’’; ‘‘CDQ standard ex-vessel 


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value’’; and ‘‘CDQ standard price’’; in 

alphabetical order to read as follows: 

§ 679.2 Definitions. 

* * * * * 

AFA equivalent pounds means the 

weight recorded in pounds, for landed 

AFA pollock and calculated as round 

weight. 

AFA fee liability means the amount of 

money for Bering Sea pollock cost 

recovery, in U.S. dollars, owed to NMFS 

by an AFA cooperative as determined 

by multiplying the appropriate AFA 

standard ex-vessel value of a 

cooperative’s landed Bering Sea pollock 

by the appropriate AFA fee percentage. 

AFA fee percentage means that 

positive number no greater than 3 

percent (0.03) determined by the 

Regional Administrator and established 

for use in calculating the AFA fee 

liability for a cooperative. 

* * * * * 

AFA standard ex-vessel value means 

the total U.S. dollar amount of landed 

Bering Sea pollock as calculated by 

multiplying the number of landed 

pounds of Bering Sea pollock by the 

appropriate AFA standard price 

determined by the Regional 

Administrator. 

AFA standard price means the price 

for landed Bering Sea pollock as 

determined by the Regional 

Administrator and is expressed in U.S. 

dollars for an AFA pollock equivalent 

pound. 

* * * * * 

Aleutian Islands pollock equivalent 

pounds means the weight recorded in 

pounds, for landed Aleutian Islands 

pollock and calculated as round weight. 

Aleutian Islands pollock fee liability 

means the amount of money for 

Aleutian Islands directed pollock cost 

recovery, in U.S. dollars, owed to NMFS 

by the Aleut Corporation as determined 

by multiplying the appropriate standard 

ex-vessel value of its landed Aleutian 

Islands pollock by the appropriate 

Aleutian Islands pollock fee percentage. 

Aleutian Islands pollock fee 

percentage means that positive number 

no greater than 3 percent (0.03) 

determined by the Regional 

Administrator and established for use in 

calculating the Aleutian Islands pollock 

fee liability for the Aleut Corporation. 

Aleutian Islands pollock standard exvessel value means the total U.S. dollar 

amount of landed Aleutian Islands 

pollock as calculated by multiplying the 

number of landed pounds of Aleutian 

Islands pollock by the appropriate 

Aleutian Islands pollock standard price 

determined by the Regional 

Administrator. 

Aleutian Islands pollock standard 

price means the price for landed 

Aleutian Islands pollock as determined 

by the Regional Administrator and is 

expressed in U.S. dollars for an Aleutian 

Islands pollock equivalent pound. 

* * * * * 

Amendment 80 equivalent pounds 

means the weight recorded in pounds, 

for landed Amendment 80 species CQ 

and calculated as round weight. 

Amendment 80 fee liability means the 

amount of money for Amendment 80 

cost recovery, in U.S. dollars, owed to 

NMFS by an Amendment 80 CQ permit 

holder as determined by multiplying the 

appropriate standard ex-vessel value of 

landed Amendment 80 species CQ by 

the appropriate Amendment 80 fee 

percentage. 

Amendment 80 fee percentage means 

that positive number no greater than 3 

percent (0.03) determined by the 

Regional Administrator and established 

for use in calculating the Amendment 

80 fee liability for an Amendment 80 CQ 

permit holder. 

* * * * * 

Amendment 80 standard ex-vessel 

value means the total U.S. dollar 

amount of landed Amendment 80 

species CQ as calculated by multiplying 

the number of landed Amendment 80 

species CQ equivalent pounds by the 

appropriate Amendment 80 standard 

price determined by the Regional 

Administrator. 

Amendment 80 standard price means 

the price for landed Amendment 80 

species as determined by the Regional 

Administrator and is expressed in U.S. 

dollars for an Amendment 80 equivalent 

pound. 

* * * * * 

CDQ equivalent pounds means the 

weight recorded in pounds, for landed 

CDQ groundfish and halibut, and 

calculated as round weight. 

CDQ fee liability means the amount of 

money for CDQ groundfish and halibut 

cost recovery, in U.S. dollars, owed to 

NMFS by a CDQ group as determined by 

multiplying the appropriate standard 

ex-vessel value of landed CDQ 

groundfish and halibut by the 

appropriate CDQ fee percentage. 

CDQ fee percentage means that 

positive number no greater than 3 

percent (0.03) determined by the 

Regional Administrator and established 

for use in calculating the CDQ 

groundfish and halibut fee liability for 

a CDQ group. 

* * * * * 

CDQ standard ex-vessel value means 

the total U.S. dollar amount of landed 

CDQ groundfish and halibut as 

calculated by multiplying the number of 

landed CDQ groundfish and halibut 

equivalent pounds by the appropriate 

CDQ standard price determined by the 

Regional Administrator. 

CDQ standard price means the price 

for landed CDQ groundfish and halibut 

as determined by the Regional 

Administrator and is expressed in U.S. 

dollars for a CDQ equivalent pound. 

* * * * * 

■ 3. In § 679.5, add paragraph (u) to read 

as follows: 

§ 679.5 Recordkeeping and reporting 

(R&R). 

* * * * * 

(u) BSAI Cost Recovery Volume and 

Value Reports—(1) Pacific Cod Exvessel Volume and Value Report—(i) 

Applicability. A shoreside processor 

designated on an FPP, or a mothership, 

designated on an FFP, that processes 

landings of either CDQ Pacific cod or 

BSAI Pacific cod harvested by a vessel 

using trawl gear must submit annually 

to NMFS a complete Pacific Cod Exvessel Volume and Value Report, as 

described in this paragraph (u)(1), for 

each reporting period for which the 

shorebased processor or mothership 

receives this Pacific cod. 

(ii) Reporting period. The reporting 

period of the Pacific Cod Ex-vessel 

Volume and Value Report shall extend 

from January 1 to October 31 of the year 

in which the landings were made. 

(iii) Due date. A complete Pacific Cod 

Ex-vessel Volume and Value Report 

must be received by NMFS no later than 

November 10 of the year in which the 

processor or mothership received the 

Pacific cod. 

(iv) Information required. (A) The 

submitter must log in using his or her 

password and NMFS person ID to 

submit a Pacific Cod Ex-vessel Volume 

and Value Report. The User must review 

any auto-filled cells to ensure that they 

are accurate. A completed report must 

have all applicable fields accurately 

filled-in. 

(B) Certification. By using the NMFS 

person ID and password and submitting 

the report, the submitter certifies that all 

information is true, correct, and 

complete to the best of his or her 

knowledge and belief. 

(v) Submittal. The submitter must 

complete and submit online to NMFS 

the Pacific Cod Ex-vessel Volume and 

Value Report available at https://

alaskafisheries.noaa.gov. 

(2) First Wholesale Volume and Value 

Report—(i) Applicability. An 

Amendment 80 vessel owner that 

harvests Amendment 80 species, other 

than Pacific cod, must submit annually 

to NMFS a complete First Wholesale 

Volume and Value Report, as described 


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in this paragraph (u)(2), for each 

reporting period for which the 

Amendment 80 vessel harvests 

Amendment 80 species, other than 

Pacific cod. 

(ii) Reporting period. (A) The 

reporting period of the First Wholesale 

Volume and Value Report for all species 

except rock sole shall extend from 

January 1 to October 31 of the year in 

which the landings were made. 

(B) The first reporting period of the 

First Wholesale Volume and Value 

Report for rock sole shall extend from 

January 1 to March 31, and the second 

reporting period shall extend from April 

1 to October 31. 

(iii) Due date. A complete First 

Wholesale Volume and Value Report 

must be received by NMFS no later than 

November 10 of the year in which the 

Amendment 80 vessel received the 

Amendment 80 species, other than 

Pacific cod. 

(iv) Information required. (A) The 

Amendment 80 vessel owner must log 

in using his or her password and NMFS 

person ID to submit a First Wholesale 

Volume and Value Report. The vessel 

owner must review any auto-filled cells 

to ensure that they are accurate. A 

completed application must contain the 

information specified on the First 

Wholesale Volume and Value Report 

with all applicable fields accurately 

filled in. 

(B) Certification. By using the NMFS 

person ID and password and submitting 

the report, the Amendment 80 vessel 

owner certifies that all information is 

true, correct, and complete to the best of 

his or her knowledge and belief. 

(v) Submittal. The Amendment 80 

vessel owner must complete and submit 

online to NMFS the First Wholesale 

Volume and Value Report available at 

https://alaskafisheries.noaa.gov. 

■ 4. In § 679.7, add paragraphs (c)(6), 

(d)(8), (k)(9), (l)(6), (o)(4)(vii), and (o)(9) 

to read as follows: 

§ 679.7 Prohibitions. 

* * * * * 

(c) * * * 

(6) For a shoreside processor 

designated on an FPP, or a mothership 

designated on an FFP, that processes 

landings of either CDQ Pacific cod or 

BSAI Pacific cod harvested by a vessel 

using trawl gear to fail to submit a 

timely and complete Pacific Cod Exvessel Volume and Value Report as 

required under § 679.5(u)(1). 

(d) * * * 

(8) Fail to submit a timely and 

complete CDQ cost recovery fee 

submission form and fee as required 

under § 679.33. 

* * * * * 

(k) * * * 

(9) Fail to submit a timely and 

complete AFA cost recovery fee 

submission form and fee as required 

under § 679.66. 

(l) * * * 

(6) Fail to submit a timely and 

complete Aleutian Islands pollock cost 

recovery fee submission form and fee as 

required under § 679.67. 

* * * * * 

(o) * * * 

(4) * * * 

(vii) Fail to submit a timely and 

complete Amendment 80 cost recovery 

fee submission form and fee as required 

under § 679.95. 

* * * * * 

(9) First Wholesale Volume and Value 

Report. For an Amendment 80 vessel 

owner to fail to submit a timely and 

complete First Wholesale Volume and 

Value Report as required under 

§ 679.5(u)(2). 

* * * * * 

■ 5. Add § 679.33 to Subpart E to read 

as follows: 

§ 679.33 Cost recovery. 

(a) Cost Recovery Fee Program for 

CDQ groundfish and halibut—(1) Who 

is Responsible? The person documented 

with NMFS as the CDQ group 

representative at the time of a CDQ 

landing. 

(i) Subsequent transfer, under 

§ 679.31(c), of a CDQ allocation by a 

CDQ group does not affect the CDQ 

group representative’s liability for 

noncompliance with this section. 

(ii) Changes in amount of a CDQ 

allocation to a CDQ group do not affect 

the CDQ group representative’s liability 

for noncompliance with this section. 

(2) Fee collection. Each CDQ group 

that receives a CDQ allocation of 

groundfish and halibut is responsible 

for submitting the cost recovery 

payment for all CDQ landings debited 

against that CDQ group’s allocations. 

(3) Payment—(i) Payment due date. A 

CDQ group representative must submit 

all CDQ fee liability payment(s) to 

NMFS at the address provided in 

paragraph (a)(3)(iii) of this section no 

later than December 31 of the calendar 

year in which the CDQ groundfish and 

halibut landings were made. 

(ii) Payment recipient. Make 

electronic payment payable to NMFS. 

(iii) Payment address. Submit 

payment and related documents as 

instructed on the fee submission form. 

Payments must be made electronically 

through the NMFS Alaska Region Web 

site at http://alaskafisheries.noaa.gov. 

Instructions for electronic payment will 

be made available on both the payment 

Web site and a fee liability summary 

letter mailed to the CDQ group 

representative. 

(iv) Payment method. Payment must 

be made electronically in U.S. dollars by 

automated clearing house, credit card, 

or electronic check drawn on a U.S. 

bank account. 

(b) CDQ standard ex-vessel value 

determination and use—(1) General. A 

CDQ group representative must use the 

CDQ standard prices determined by 

NMFS under paragraph (b)(2) of this 

section. 

(2) CDQ standard prices—(i) General. 

Each year the Regional Administrator 

will publish CDQ standard prices for 

groundfish and halibut in the Federal 

Register by December 1 of the year in 

which the CDQ groundfish and halibut 

landings were made. The CDQ standard 

prices will be described in U.S. dollars 

per equivalent pound for CDQ 

groundfish and halibut landings made 

during the current calendar year. 

(ii) Effective duration. The CDQ 

standard prices published by NMFS 

shall apply to all CDQ groundfish and 

halibut landings made during the 

current calendar year. 

(iii) Determination. A CDQ group 

representative must use the CDQ 

standard prices when determining the 

CDQ group’s fee liability based on CDQ 

standard ex-vessel value. A CDQ group 

representative must base all fee liability 

calculations on the CDQ standard price 

that correlates to landed CDQ 

groundfish and halibut by gear type that 

is recorded in CDQ equivalent pounds. 

(A) CDQ halibut and CDQ fixed gear 

sablefish. NMFS will calculate the CDQ 

standard prices for CDQ halibut and 

CDQ fixed gear sablefish to reflect, as 

closely as possible by port or portgroup, the variations in the actual exvessel values of CDQ halibut and fixedgear sablefish based on information 

provided in the IFQ Registered Buyer 

Ex-vessel Volume and Value Report 

described at § 679.5(l)(7). The Regional 

Administrator will base CDQ standard 

prices on the following types of 

information: 

(1) Landed pounds of IFQ halibut and 

sablefish and CDQ halibut in the Bering 

Sea port-group; 

(2) Total ex-vessel value of IFQ 

halibut and sablefish and CDQ halibut 

in the Bering Sea port-group; and 

(3) Price adjustments, including 

retroactive payments. 

(B) CDQ Pacific cod. 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) for CDQ Pacific cod. 


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(C) CDQ pollock. NMFS will use the 

standard prices calculated for AFA 

pollock described at § 679.66(b) for CDQ 

pollock. 

(D) Other CDQ groundfish including 

sablefish caught with trawl gear. (1) The 

Regional Administrator will base all 

CDQ standard prices for all other CDQ 

groundfish species on the First 

Wholesale Volume and Value reports 

specified in § 679.5(u)(2). 

(2) The Regional Administrator will 

establish CDQ standard prices for all 

other CDQ groundfish species on an 

annual basis; except the Regional 

Administrator will establish a CDQ 

standard price for rock sole for all 

landings from January 1 through March 

31, and a second CDQ standard price for 

rock sole for all landings from April 1 

through December 31. 

(3) The average first wholesale 

product prices reported will be 

multiplied by 0.4 to obtain a proxy for 

the ex-vessel prices of those CDQ 

groundfish species. 

(c) CDQ fee percentage—(1) 

Established percentage. The CDQ fee 

percentage for CDQ groundfish and 

halibut 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 in 

accordance with paragraph (c)(3) of this 

section. This amount must not exceed 

3.0 percent pursuant to 16 U.S.C. 

1854(d)(2)(B). 

(2) Calculating fee percentage value. 

Each year NMFS shall calculate and 

publish the CDQ fee percentage 

according to the following factors and 

methodology: 

(i) Factors. NMFS will use the 

following factors to determine the fee 

percentage: 

(A) The catch to which the CDQ 

groundfish and halibut 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 CDQ Program for 

groundfish and halibut. 

(ii) Methodology. NMFS will use the 

following equations to determine the fee 

percentage: 100 × DPC/V, where: 

DPC = the direct program costs for the 

CDQ Program for groundfish and halibut 

for the most recent Federal fiscal year 

(October 1 through September 30) with 

any adjustments to the account from 

payments received in the previous year. 

V = total of the CDQ standard exvessel value of the catch subject to the 

CDQ fee liability for the current year. 

(3) Publication—(i) General. NMFS 

will calculate and announce the CDQ 

fee percentage in a Federal Register 

notice by December 1 of the year in 

which the CDQ groundfish and halibut 

landings were made. NMFS shall 

calculate the CDQ fee percentage based 

on the calculations described in 

paragraph (c)(2) of this section. 

(ii) Effective period. The calculated 

CDQ fee percentage is applied to CDQ 

groundfish and halibut landings made 

between January 1 and December 31 of 

the same year. 

(4) Applicable percentage. The CDQ 

group representative must use the CDQ 

fee percentage applicable at the time a 

CDQ groundfish and halibut landing is 

debited from a CDQ group’s allocation 

to calculate the CDQ fee liability for any 

retroactive payments for that CDQ 

species. 

(5) Fee liability determination for a 

CDQ group. (i) Each CDQ group will be 

subject to a CDQ fee liability for any 

CDQ groundfish and halibut debited 

from that CDQ group’s allocation during 

a calendar year. 

(ii) The CDQ fee liability assessed to 

a CDQ group will be based on the 

proportion of the standard ex-vessel 

value of CDQ groundfish and halibut 

debited from a CDQ group’s allocation 

relative to all CDQ groups during a 

calendar year as determined by NMFS. 

(iii) NMFS will provide a CDQ fee 

liability summary letter to each CDQ 

group representative by December 1 of 

each year. The summary will explain 

the CDQ fee liability determination 

including the current fee percentage, 

and details of CDQ pounds debited from 

the CDQ group allocations by permit, 

species, date, and prices. 

(d) Underpayment of fee liability—(1) 

No CDQ group will receive its 

allocations of CDQ groundfish or halibut 

until the CDQ group representative 

submits full payment of that CDQ 

group’s complete CDQ fee liability. 

(2) If a CDQ group representative fails 

to submit full payment for its CDQ fee 

liability by the date described in 

paragraph (a)(3) of this section, the 

Regional Administrator may: 

(i) At any time thereafter send an IAD 

to the CDQ group representative stating 

that the CDQ group’s estimated fee 

liability, as indicated by his or her own 

submitted information, is the CDQ fee 

liability due from the CDQ group. 

(ii) Disapprove any application to 

transfer CDQ to or from the CDQ group 

in accordance with § 679.31(c). 

(3) If a CDQ group fails to submit full 

payment by December 31, no allocations 

of CDQ groundfish and halibut will be 

issued to that CDQ group for the 

following calendar year. 

(4) Upon final agency action 

determining that a CDQ group 

representative has not paid the CDQ fee 

liability due for that CDQ group, the 

Regional Administrator may continue to 

prohibit issuance of allocations of CDQ 

groundfish and halibut for that CDQ 

group for any subsequent calendar years 

until NMFS receives the unpaid fees. If 

payment is not received by the 30th day 

after the final agency action, the agency 

may pursue collection of the unpaid 

fees. 

(e) Overpayment. Upon issuance of 

final agency action, payment submitted 

to NMFS in excess of the CDQ fee 

liability determined to be due by the 

final agency action will be returned to 

the CDQ group representative unless the 

CDQ group representative requests the 

agency to credit the excess amount 

against the CDQ group’s future CDQ fee 

liability. Payment processing fees may 

be deducted from any fees returned to 

the CDQ group representative. 

(f) Appeals. A CDQ group 

representative who receives an IAD for 

incomplete payment of a CDQ fee 

liability may appeal under the appeals 

procedures set out at 15 CFR part 906. 

(g) Administrative Fees. 

Administrative fees may be assessed if 

the account drawn on to pay the CDQ 

fee liability has insufficient funds to 

cover the transaction, or if the account 

becomes delinquent. Additionally, 

interest will begin to accrue on any 

portion of the fee that has not been paid 

due to insufficient funds. 

(h) Annual report. NMFS will publish 

annually a report describing the status 

of the CDQ Cost Recovery Fee Program 

for groundfish and halibut. 

■ 6. In § 679.61, 

■ a. Revise paragraph (c)(1); and 

■ b. Add paragraph (e)(1)(vi) to read as 

follows: 

§ 679.61 Formation and operation of 

fishery cooperatives. 

* * * * * 

(c) * * * 

(1) What is a designated 

representative? Any cooperative formed 

under this section must appoint a 

designated representative to fulfill 

regulatory requirements on behalf of the 

cooperative including, but not limited 

to, filing of cooperative contracts, filing 

of annual reports, submitting all cost 

recovery fees, and in the case of inshore 

sector catcher vessel cooperatives, 

signing cooperative fishing permit 

applications and completing and 

submitting inshore catcher vessel 

pollock cooperative catch reports. The 

designated representative is the primary 

contact person for NMFS on issues 

relating to the operation of the 

cooperative. 

* * * * * 


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(e) * * * 

(1) * * * 

(vi) List the obligations of members of 

a cooperative, governed by § 679.61, to 

ensure the full payment of all AFA fee 

liabilities that may be due. 

* * * * * 

■ 7. Add § 679.66 to Subpart F to read 

as follows: 

§ 679.66 AFA cost recovery. 

(a) Cost recovery fee program for 

AFA—(1) Who is responsible? (i) The 

person designated on the AFA inshore 

cooperative permit as the cooperative 

representative at the time of a Bering 

Sea pollock landing. 

(ii) The person designated as the 

representative of the listed AFA catcher/ 

processors and high seas catcher vessels 

that deliver to them at the time of a 

Bering Sea pollock landing. 

(iii) The person designated as the 

representative of the AFA mothership 

cooperative at the time of a Bering Sea 

pollock landing. 

(2) Responsibility. (i) Subsequent 

transfer of AFA permits held by 

cooperative members does not affect the 

cooperative representative’s liability for 

noncompliance with this section. 

(ii) Changes in the membership in a 

cooperative, such as members joining or 

departing during the relevant year, or 

changes in the holdings of AFA permits 

of those members do not affect the 

cooperative representative’s liability for 

noncompliance with this section. 

(3) Fee collection. All cooperative 

representatives (as identified under 

paragraph (a)(1) of this section) are 

responsible for submitting the cost 

recovery payment for all Bering Sea 

pollock landings made under the 

authority of their cooperative. 

(4) Payment—(i) Payment due date. 

The cooperative representative (as 

identified under paragraph (a)(1) of this 

section) must submit all AFA fee 

liability payment(s) to NMFS at the 

address provided in paragraph (a)(3)(iii) 

of this section no later than December 

31 of the calendar year in which the 

Bering Sea pollock landings were made. 

(ii) Payment recipient. Make 

electronic payment payable to NMFS. 

(iii) Payment address. Submit 

payment and related documents as 

instructed on the fee submission form. 

Payments must be made electronically 

through the NMFS Alaska Region Web 

site at http://alaskafisheries.noaa.gov. 

Instructions for electronic payment will 

be made available on both the payment 

Web site and a fee liability summary 

letter mailed to the AFA cooperative 

member. 

(iv) Payment method. Payment must 

be made electronically in U.S. dollars by 

automated clearing house, credit card, 

or electronic check drawn on a U.S. 

bank account. 

(b) AFA standard ex-vessel value 

determination and use—(1) General. A 

cooperative representative must use the 

AFA standard price determined by 

NMFS under paragraph (b)(2) of this 

section. 

(2) AFA standard price—(i) General. 

Each year the Regional Administrator 

will publish the AFA standard price in 

the Federal Register by December 1 of 

the year in which the landings were 

made. The AFA standard price will be 

described in U.S. dollars per equivalent 

pound for Bering Sea pollock landings 

made by AFA cooperative members 

during the current calendar year. 

(ii) Effective duration. The AFA 

standard price published by NMFS shall 

apply to all Bering Sea pollock landings 

made by an AFA cooperative member 

during the current calendar year. 

(iii) Determination. NMFS will 

calculate the AFA standard price to 

reflect, as closely as possible, the 

standard price of Bering Sea pollock 

landings based on information provided 

in the COAR for the previous year, as 

described in § 679.5(p). The Regional 

Administrator will base the AFA 

standard price on the following types of 

information: 

(A) Landed pounds of Bering Sea 

pollock; 

(B) Total ex-vessel value of Bering Sea 

pollock; and 

(C) Price adjustments, including 

retroactive payments. 

(c) AFA fee percentages—(1) 

Established percentages. The AFA fee 

percentages are the amounts as 

determined by the factors and 

methodology described in paragraph 

(c)(2) of this section. These amounts 

will be announced by publication in the 

Federal Register in accordance with 

paragraph (c)(3) of this section. These 

amounts must not exceed 3.0 percent 

pursuant to 16 U.S.C. 1854(d)(2)(B). 

(2) Calculating fee percentage value. 

Each year NMFS shall calculate and 

publish AFA fee percentages for AFA 

inshore cooperatives, the cooperative 

representing the listed AFA catcher/

processors and high seas catcher vessels 

that deliver to them, and the AFA 

mothership cooperative according to the 

following factors and methodology: 

(i) Factors. NMFS will use the 

following factors to determine the fee 

percentages: 

(A) The catch to which the AFA 

pollock 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 directed AFA 

pollock fisheries. 

(ii) Methodology. NMFS will use the 

following equations to determine the 

AFA fee percentage: 100 × DPC/V, 

where: 

DPC = the direct program costs for the 

directed AFA pollock fisheries for the 

most recent fiscal year (October 1 

through September 30) 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 AFA fee 

liability for the current year. 

(iii) Direct program costs will be 

calculated separately for: 

(A) AFA inshore cooperatives; 

(B) The cooperative representing the 

listed AFA catcher/processors and high 

seas catcher vessels that deliver to them; 

and 

(C) The AFA mothership cooperative. 

(3) Publication—(i) General. NMFS 

will calculate and announce the AFA 

fee percentages in a Federal Register 

notice by December 1 of the year in 

which the Bering Sea pollock landings 

were made. AFA fee percentages will be 

calculated separately for the AFA 

inshore cooperatives, the cooperative for 

listed AFA catcher/processors and high 

seas catcher vessels that deliver to them, 

and the AFA mothership cooperative. 

NMFS shall calculate the AFA fee 

percentages based on the calculations 

described in paragraph (c)(2) of this 

section. 

(ii) Effective period. The calculated 

AFA fee percentages are applied to all 

Bering Sea directed pollock landings 

made between January 1 and December 

31 of the current year. 

(4) Applicable percentage. An AFA 

cooperative representative must use the 

AFA fee percentage applicable to that 

cooperative at the time a Bering Sea 

directed pollock landing is debited from 

an AFA pollock fishery allocation to 

calculate the AFA fee liability for any 

retroactive payments for that landing. 

(5) Fee liability determination. (i) 

Each AFA cooperative will be subject to 

an AFA fee liability for any Bering Sea 

pollock debited from its AFA pollock 

fishery allocation during a calendar 

year. 

(ii) The AFA fee liability assessed to 

an AFA inshore cooperative will be 

based on the proportion of the AFA fee 

liability of Bering Sea pollock debited 

from that AFA Inshore cooperative’s 

AFA pollock fishery allocation relative 

to all AFA inshore cooperatives during 

a calendar year as determined by NMFS. 

(iii) The AFA fee liability assessed to 

the cooperative of listed AFA catcher/

processors and high seas catcher vessels 

that deliver to them will be based on the 


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standard ex-vessel value of Bering Sea 

pollock debited from this cooperative’s 

AFA pollock fishery allocation during a 

calendar year as determined by NMFS. 

(iv) The AFA fee liability assessed to 

the AFA mothership cooperative will be 

based on the proportion of the standard 

ex-vessel value of Bering Sea pollock 

debited from this cooperative’s AFA 

pollock fishery allocation during a 

calendar year as determined by NMFS. 

(v) NMFS will provide a fee liability 

summary letter to all AFA cooperative 

representatives by December 1 of each 

year. The summary will explain the 

AFA fee liability determination 

including the current fee percentage and 

details of Bering Sea pollock pounds 

debited from the AFA pollock fishery 

allocation by permit, species, date, and 

prices. 

(d) Underpayment of fee liability—(1) 

No AFA inshore cooperative will 

receive its AFA allocation until the 

cooperative’s representative submits full 

payment of the cooperative’s AFA fee 

liability. 

(2) The AFA mothership cooperative 

will not receive any Bering Sea pollock 

allocation until the cooperative 

representative submits full payment of 

that cooperative’s AFA fee liability. 

(3) AFA catcher/processor joint 

cooperative underpayment (i) The 

cooperative for listed AFA catcher/

processors and high seas catcher vessels 

that deliver to them will not receive any 

Bering Sea pollock allocation until the 

cooperative representative submits full 

payment of that cooperative’s AFA fee 

liability at the time of a Bering Sea 

pollock landing, except as provided in 

paragraph (d)(3)(ii) of this section. 

(ii) If the cooperative representing the 

listed AFA catcher/processors and high 

seas catcher vessels that deliver to them 

pays only a portion of its AFA fee 

liability, the Regional Administrator 

may release a portion of the 

cooperative’s Bering Sea pollock 

allocation equal to the portion of the fee 

liability paid. 

(4) If an AFA cooperative 

representative fails to submit full 

payment for the AFA fee liability by the 

date described in paragraph (a)(4) of this 

section, the Regional Administrator may 

at any time thereafter send an IAD to the 

AFA cooperative representative stating 

that the cooperative’s estimated fee 

liability, as indicated by his or her own 

submitted information, is the AFA fee 

liability due from the AFA cooperative 

representative. 

(5) If an AFA cooperative 

representative fails to submit full 

payment for AFA fee liability by the 

date described at paragraph (a)(4) of this 

section, no Bering sea pollock allocation 

will be provided to that AFA 

cooperative for the following calendar 

year, except as provided in paragraph 

(d)(3) of this section. 

(6) Upon final agency action 

determining that an AFA cooperative 

representative has not paid that 

cooperative’s AFA fee liability, the 

Regional Administrator may continue to 

prohibit issuance of a directed Bering 

Sea pollock allocation for that 

cooperative for any subsequent calendar 

years until NMFS receives the unpaid 

fees. If payment is not received by the 

30th day after the final agency action, 

the agency may pursue collection of the 

unpaid fees. 

(e) Overpayment. Upon issuance of 

final agency action, payment submitted 

to NMFS in excess of the AFA fee 

liability determined to be due by the 

final agency action will be returned to 

the AFA cooperative unless the 

cooperative representative requests the 

agency to credit the excess amount 

against the cooperative’s future AFA fee 

liability. Payment processing fees may 

be deducted from any fees returned to 

the cooperative. 

(f) Appeals. An AFA cooperative 

representative who receives an IAD for 

incomplete payment of an AFA fee 

liability may appeal under the appeals 

procedures set out at 15 CFR part 906. 

(g) Administrative Fees. 

Administrative fees may be assessed if 

the account drawn on to pay the CDQ 

fee liability has insufficient funds to 

cover the transaction, or if the account 

becomes delinquent. Additionally, 

interest will begin to accrue on any 

portion of the fee that has not been paid 

due to insufficient funds. 

(h) Annual report. NMFS will publish 

annually a report describing the status 

of the AFA Cost Recovery Fee Program. 

■ 8. A new § 679.67 is added to Subpart 

F to read as follows: 

§ 679.67 Aleutian Islands pollock cost 

recovery. 

(a) Cost recovery fee program for 

Aleutian Islands pollock—(1) 

Representative. The person identified as 

the representative, designated by the 

Aleut Corporation, at the time of an 

Aleutian Islands pollock landing is 

responsible for submitting all cost 

recovery fees. 

(2) Fee collection. The designated 

representative (as identified under 

paragraph (a)(1) of this section) is 

responsible for submitting the cost 

recovery payment for all Aleutian 

Islands pollock landings made under 

the authority of Aleut Corporation. 

(3) Payment. (i) Payment due date. 

The designated representative (as 

identified under paragraph (a)(1) of this 

section) must submit all cost recovery 

fee liability payment(s) to NMFS at the 

address provided in paragraph (a)(3)(iii) 

of this section no later than December 

31 of the calendar year in which the 

Aleutian Islands pollock landings were 

made. 

(ii) Payment recipient. Make 

electronic payment payable to NMFS. 

(iii) Payment address. Submit 

payment and related documents as 

instructed on the fee submission form. 

Payments must be made electronically 

through the NMFS Alaska Region Web 

site at http://alaskafisheries.noaa.gov. 

Instructions for electronic payment will 

be made available on both the payment 

Web site and a fee liability summary 

letter mailed to the designated 

representative of the Aleut Corporation. 

(iv) Payment method. Payment must 

be made electronically in U.S. dollars by 

automated clearing house, credit card, 

or electronic check drawn on a U.S. 

bank account. 

(b) Aleutian Islands pollock standard 

ex-vessel value determination and use— 

(1) General. The designated 

representative of the Aleut Corporation 

must use the Aleutian Islands pollock 

standard price determined by NMFS 

under paragraph (b)(2) of this section. 

(2) Aleutian Islands pollock standard 

price—(i) General. Each year the 

Regional Administrator will publish the 

Aleutian Islands pollock standard price 

in the Federal Register by December 1 

of the year in which the landings were 

made. The Aleutian Islands pollock 

standard price will be described in U.S. 

dollars per equivalent pound for 

Aleutian Islands pollock landings 

during the current calendar year. 

(ii) Effective duration. The Aleutian 

Islands pollock standard price 

published by NMFS shall apply to all 

Aleutian Islands pollock landings 

during the current calendar year. 

(iii) Determination. NMFS will 

calculate the Aleutian Islands pollock 

standard price to reflect, as closely as 

possible, the standard price of Aleutian 

Islands pollock landings based on 

information provided in the COAR for 

the previous year, as described in 

§ 679.5(p). The Regional Administrator 

will base Aleutian Islands pollock 

standard price on the following types of 

information: 

(A) Landed pounds of Aleutian 

Islands pollock; 

(B) Total ex-vessel value of Aleutian 

Islands pollock; and 

(C) Price adjustments, including 

retroactive payments. 

(c) Aleutian Islands pollock fee 

percentage—(1) Established percentage. 

The Aleutian Islands pollock fee 

percentage is the amount as determined 


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by the factors and methodology 

described in paragraph (c)(2) of this 

section. This amount will be announced 

by publication in the Federal Register 

in accordance with paragraph (c)(3) of 

this section. This amount must not 

exceed 3.0 percent 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 according to 

the following factors and methodology: 

(i) Factors. NMFS will use the 

following factors to determine the fee 

percentage: 

(A) The catch to which the Aleutian 

Islands pollock 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 Aleutian Islands 

directed pollock fishery. 

(ii) Methodology. NMFS will use the 

following equations to determine the fee 

percentage: 100 × DPC/V, where: 

DPC = the direct program costs for the 

Aleutian Islands directed pollock 

fishery for the most recent fiscal year 

(October 1 through September 30) 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 

Aleutian Islands pollock fee liability for 

the current year. 

(3) Publication—(i) General. NMFS 

will calculate and announce the fee 

percentage in a Federal Register notice 

by December 1 of the year in which the 

Aleutian Islands pollock landings were 

made. NMFS shall calculate the 

Aleutian Islands pollock fee percentage 

based on the calculations described in 

paragraph (c)(2) of this section. 

(ii) Effective period. The calculated 

Aleutian Islands pollock fee percentage 

is applied to all Aleutian Islands 

pollock landings made between January 

1 and December 31 of the current year. 

(4) Applicable percentage. The 

designated representative must use the 

Aleutian Islands pollock fee percentage 

applicable at the time an Aleutian 

Islands pollock landing is debited from 

the Aleutian Islands directed pollock 

fishery allocation to calculate the 

Aleutian Islands pollock fee liability for 

any retroactive payments for that 

pollock. 

(5) Fee liability determination. (i) The 

Aleut Corporation will be subject to a 

fee liability for any Aleutian Islands 

pollock debited from the Aleutian 

Islands directed pollock fishery 

allocation during a calendar year. 

(ii) NMFS will provide a fee liability 

summary letter to the Aleut Corporation 

by December 1 of each year. The 

summary will explain the fee liability 

determination including the current fee 

percentage, and details of Aleutian 

Islands pollock pounds debited from the 

Aleutian Islands directed pollock 

fishery allocation by permit, species, 

date, and prices. 

(d) Underpayment of fee liability—(1) 

The Aleut Corporation will not receive 

its Aleutian Islands directed pollock 

fishery allocation until the Aleut 

Corporation’s designated representative 

submits full payment of the Aleut 

Corporation’s cost recovery fee liability. 

(2) If the Aleut Corporation’s 

designated representative fails to submit 

full payment for Aleutian Islands 

pollock fee liability by the date 

described in paragraph (a)(3) of this 

section, the Regional Administrator may 

at any time thereafter send an IAD to the 

Aleut Corporation’s designated 

representative stating that the estimated 

fee liability, as indicated by his or her 

own submitted information, is the 

Aleutian Islands pollock fee liability 

due from the Aleut Corporation. 

(3) If the Aleut Corporation’s 

designated representative fails to submit 

full payment by the Aleutian Islands 

pollock fee liability payment deadline 

described at paragraph (a)(3) of this 

section, no Aleutian Islands directed 

pollock fishery allocation will be issued 

to the Aleut Corporation for that 

calendar year. 

(4) Upon final agency action 

determining that the Aleut Corporation 

has not paid its Aleutian Islands pollock 

fee liability, the Regional Administrator 

may continue to prohibit issuance of the 

Aleutian Islands directed pollock 

fishery allocation for any subsequent 

calendar years until NMFS receives the 

unpaid fees. If payment is not received 

by the 30th day after the final agency 

action, the agency may pursue 

collection of the unpaid fees. 

(e) Overpayment. Upon issuance of 

final agency action, payment submitted 

to NMFS in excess of the Aleutian 

Islands pollock fee liability determined 

to be due by the final agency action will 

be returned to the Aleut Corporation 

unless its designated representative 

requests the agency to credit the excess 

amount against the cooperative’s future 

Aleutian Islands pollock fee liability. 

Payment processing fees may be 

deducted from any fees returned to the 

Aleut Corporation. 

(f) Appeals. A representative of the 

Aleut Corporation who receives an IAD 

for incomplete payment of an Aleutian 

Islands pollock fee may appeal under 

the appeals procedures set out at 15 CFR 

part 906. 

(g) Administrative Fees. 

Administrative fees may be assessed if 

the account drawn on to pay the CDQ 

fee liability has insufficient funds to 

cover the transaction, or if the account 

becomes delinquent. Additionally, 

interest will begin to accrue on any 

portion of the fee that has not been paid 

due to insufficient funds. 

(h) Annual report. NMFS will publish 

annually a report describing the status 

of the Aleutian Islands Pollock Cost 

Recovery Fee Program. 

■ 9. In § 679.91, 

■ a. Revise paragraphs (b)(4)(vii) and 

(h)(3)(xiv); and 

■ b. Add paragraph (h)(3)(xx) to read as 

follows: 

§ 679.91 Amendment 80 Program annual 

harvester privileges. 

* * * * * 

(b) * * * 

(4) * * * 

(vii) Copy of membership agreement 

or contract. Attach a copy of the 

membership agreement or contract that 

includes terms that list: 

(A) How the Amendment 80 

cooperative intends to catch its CQ; and 

(B) The obligations of Amendment 80 

QS holders who are members of an 

Amendment 80 cooperative to ensure 

the full payment of Amendment 80 fee 

liabilities that may be due. 

* * * * * 

(h) * * * 

(3) * * * 


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(xiv) Does an Amendment 80 cooperative need a membership agreement or contract? Yes, an Amendment 80 cooperative must have a membership agreement or contract. A copy of this agreement or contract must be submitted to NMFS with 

the application for CQ. The membership agreement or contract must specify: 

(A) How the Amendment 80 cooperative intends to catch its CQ; and 

(B) The obligations of Amendment 80 QS holders, who are members of an 

Amendment 80 cooperative, to ensure the full payment of Amendment 80 fee 

liabilities that may be due. 

.

* * * * * * * 

(xx) Is there a requirement that an Amendment 80 cooperative pay Amendment 80 cost recovery fees? Yes, see § 679.95 for the provisions that apply. 

* * * * * 

■ 10. A new § 679.95 is added to subpart 

H to read as follows: 

§ 679.95 Cost recovery. 

(a) Cost recovery fee program for 

Amendment 80—(1) Who is 

responsible? The person designated as 

the Amendment 80 cooperative 

representative at the time of an 

Amendment 80 CQ landing must 

comply with the requirements of this 

section, notwithstanding: 

(i) Subsequent transfer of Amendment 

80 CQ or Amendment 80 QS held by 

Amendment 80 cooperative members; 

(ii) Non-renewal of an Amendment 80 

CQ permit; or 

(iii) Changes in the membership in an 

Amendment 80 cooperative, such as 

members joining or departing during the 

relevant year, or changes in the amount 

of Amendment 80 QS holdings of those 

members. 

(2) Fee collection. Amendment 80 

cooperative representatives are 

responsible for submitting the cost 

recovery payment for Amendment 80 

CQ landings made under the authority 

of their Amendment 80 CQ permit. 

(3) Payment—(i) Payment due date. 

An Amendment 80 cooperative 

representative must submit all 

Amendment 80 fee liability payment(s) 

to NMFS at the address provided in 

paragraph (a)(3)(iii) of this section no 

later than December 31 of the calendar 

year in which the Amendment 80 CQ 

landings were made. 

(ii) Payment recipient. Make 

electronic payment payable to NMFS. 

(iii) Payment address. Submit 

payment and related documents as 

instructed on the fee submission form. 

Payments must be made electronically 

through the NMFS Alaska Region Web 

site at http://alaskafisheries.noaa.gov. 

Instructions for electronic payment will 

be made available on both the payment 

Web site and a fee liability summary 

letter mailed to the Amendment 80 CQ 

permit holder. 

(iv) Payment method. Payment must 

be made electronically in U.S. dollars by 

automated clearing house, credit card, 

or electronic check drawn on a U.S. 

bank account. 

(b) Amendment 80 standard ex-vessel 

value determination and use—(1) 

General. An Amendment 80 cooperative 

representative must use the Amendment 

80 standard prices determined by NMFS 

under paragraph (b)(2) of this section. 

(2) Amendment 80 standard prices— 

(i) General. Each year the Regional 

Administrator will publish Amendment 

80 standard prices in the Federal 

Register by December 1 of the year in 

which the Amendment 80 species 

landings were made. The standard 

prices will be described in U.S. dollars 

per equivalent pound for Amendment 

80 species landings made by 

Amendment 80 CQ permit holders 

during the current calendar year. 

(ii) Effective duration. The 

Amendment 80 standard prices 

published by NMFS shall apply to all 

Amendment 80 species landings made 

by an Amendment 80 CQ permit holder 

during that calendar year. 

(iii) Determination. An Amendment 

80 cooperative representative must use 

the Amendment 80 standard prices 

when determining the Amendment 80 

fee liability based on Amendment 80 

standard ex-vessel value. An 

Amendment 80 cooperative 

representative must base all fee liability 

calculations on the Amendment 80 

standard price that correlates to landed 

Amendment 80 species by gear type that 

is recorded in Amendment 80 

equivalent pounds. 

(A) Pacific cod. 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). 

(B) Amendment 80 species other than 

Pacific cod. (1) The Regional 

Administrator will base Amendment 80 

standard prices for all Amendment 80 

species other than Pacific cod on the 

First Wholesale Volume and Value 

reports specified in § 679.5(u)(2). 

(2) The Regional Administrator will 

establish Amendment 80 standard 

prices for all Amendment 80 species 

other than Pacific cod on an annual 

basis; except the Regional Administrator 

will establish an Amendment 80 

standard price for rock sole for all 

landings from January 1 through March 

31, and a second Amendment 80 

standard price for rock sole for all 

landings from April 1 through December 

31. 

(3) The average first wholesale 

product prices reported on the First 

Wholesale Volume and Value reports, 

specified in § 679.5(u)(2), will be 

multiplied by 0.4 to obtain a proxy for 

the ex-vessel prices of Amendment 80 

species other than Pacific cod. 

(c) Amendment 80 fee percentage—(1) 

Established percentage. The 

Amendment 80 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 in 

accordance with paragraph (c)(3) of this 

section. This amount must not exceed 

3.0 percent 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 according to 

the following factors and methodology: 

(i) Factors. NMFS will use the 

following factors to determine the fee 

percentage: 

(A) The catch to which the 

Amendment 80 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 Amendment 80 

Program. 

(ii) Methodology. NMFS will use the 

following equations to determine the fee 

percentage: 100 × DPC/V, where: 

DPC = direct program costs for the 

Amendment 80 Program for the most 

recent fiscal year (October 1 through 

September 30) with any adjustments to 

the account from payments received in 

the previous year. 

V = total of the standard ex-vessel 

value of the landings subject to the 

Amendment 80 fee liability for the 

current year. 

(3) Publication—(i) General. NMFS 

will calculate and announce the 

Amendment 80 fee percentage in a 


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Federal Register / Vol. 80, No. 4 / Wednesday, January 7, 2015 / Proposed Rules 963 

Federal Register notice by December 1 

of the year in which the Amendment 80 

landings were made. NMFS shall 

calculate the Amendment 80 fee 

percentage based on the calculations 

described in paragraph (c)(2) of this 

section. 

(ii) Effective period. The calculated 

Amendment 80 fee percentage is 

applied to Amendment 80 CQ landings 

made between January 1 and December 

31 of the same year. 

(4) Applicable percentage. The 

Amendment 80 CQ permit holder must 

use the Amendment 80 fee percentage 

applicable at the time an Amendment 

80 species landing is debited from an 

Amendment 80 CQ allocation to 

calculate the Amendment 80 fee 

liability for any retroactive payments for 

that Amendment 80 species. 

(5) Fee liability determination for an 

Amendment 80 CQ permit holder. (i) All 

Amendment 80 CQ permit holders will 

be subject to a fee liability for any 

Amendment 80 species CQ debited from 

an Amendment 80 CQ allocation 

between January 1 and December 31 of 

the current year. 

(ii) The Amendment 80 fee liability 

assessed to an Amendment 80 CQ 

permit holder will be based on the 

proportion of the standard ex-vessel 

value of Amendment 80 species debited 

from an Amendment 80 CQ permit 

holder relative to all Amendment 80 CQ 

permit holders during a calendar year as 

determined by NMFS. 

(iii) NMFS will provide a fee liability 

summary letter to all Amendment 80 CQ 

permit holders by December 1 of each 

year. The summary will explain the fee 

liability determination including the 

current fee percentage, and details of 

Amendment 80 species CQ pounds 

debited from Amendment 80 CQ 

allocations by permit, species, date, and 

prices. 

(d) Underpayment of fee liability—(1) 

No Amendment 80 cooperative will 

receive its Amendment 80 CQ until the 

Amendment 80 CQ permit holder 

submits full payment of an applicant’s 

complete Amendment 80 fee liability. 

(2) If an Amendment 80 CQ permit 

holder fails to submit full payment for 

its Amendment 80 fee liability by the 

date described in paragraph (a)(3) of this 

section, the Regional Administrator 

may: 

(i) At any time thereafter send an IAD 

to the Amendment 80 cooperative’s 

representative stating that the 

Amendment 80 CQ permit holder’s 

estimated fee liability, as indicated by 

his or her own submitted information, is 

the Amendment 80 fee liability due 

from the Amendment 80 CQ permit 

holder. 

(ii) Disapprove any application to 

transfer Amendment 80 CQ to or from 

the Amendment 80 CQ permit holder in 

accordance with § 679.91(g). 

(3) If an Amendment 80 cooperative 

representative fails to submit full 

payment by the Amendment 80 fee 

liability payment deadline described at 

paragraph (a)(3) of this section: 

(i) No Amendment 80 CQ permit will 

be issued to that Amendment 80 

cooperative for the following calendar 

year; and 

(ii) No Amendment 80 CQ will be 

issued based on the Amendment 80 QS 

held by the members of that 

Amendment 80 cooperative to any other 

CQ permit for that calendar year. 

(4) Upon final agency action 

determining that an Amendment 80 CQ 

permit holder has not paid his or her 

Amendment 80 fee liability, the 

Regional Administrator may continue to 

prohibit issuance of an Amendment 80 

CQ permit for any subsequent calendar 

years until NMFS receives the unpaid 

fees. If payment is not received by the 

30th day after the final agency action, 

the agency may pursue collection of the 

unpaid fees. 

(e) Overpayment. Upon issuance of 

final agency action, payment submitted 

to NMFS in excess of the Amendment 

80 fee liability determined to be due by 

the final agency action will be returned 

to the Amendment 80 cooperative 

unless the Amendment 80 cooperative’s 

representative requests the agency to 

credit the excess amount against the 

Amendment 80 CQ permit holder’s 

future Amendment 80 fee liability. 

Payment processing fees may be 

deducted from any fees returned to the 

Amendment 80 cooperative. 

(f) Appeals. An Amendment 80 

cooperative representative who receives 

an IAD for incomplete payment of an 

Amendment 80 fee liability may appeal 

under the appeals procedures set out a 

15 CFR part 906. 

(g) Administrative Fees. 

Administrative fees may be assessed if 

the account drawn on to pay the CDQ 

fee liability has insufficient funds to 

cover the transaction, or if the account 

becomes delinquent. Additionally, 

interest will begin to accrue on any 

portion of the fee that has not been paid 

due to insufficient funds. 

(h) Annual report. NMFS will publish 

annually a report describing the status 

of the Amendment 80 Cost Recovery Fee 

Program. 

[FR Doc. 2014–30841 Filed 1–6–15; 8:45 am] 

BILLING CODE 3510–22–P 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS