Rule: Fishery Conservation and Management: Alaska Fisheries of Exclusive Economic Zone&#8212 Pacific Halibut

74208 Federal Register / Vol. 70, No.
240 / Thursday, December 15, 2005 / Rules and Regulations
DEPARTMENT OF COMMERCE gear in the BSAI will soon be reached. sablefish Individual Fishing Quota (IFQ)
Consequently, NMFS is prohibiting cost recovery program.
National Oceanic and Atmospheric directed fishing for Pacific cod by
Administration catcher/processor vessels using hook- SUMMARY: The National Marine
and-line gear in the BSAI. Fisheries Service publishes IFQ
50 CFR Part 679 After the effective date of this closure standard prices for the IFQ Cost
the maximum retainable amounts at Recovery Program in the halibut and
[Docket No. 041126332–5039–02; I.D. sablefish fisheries of the North Pacific.
120905A] § 679.20(e) and (f) apply at any time
during a trip. This action is intended to provide
Fisheries of the Exclusive Economic holders of halibut and sablefish IFQ
Classification permits information to calculate the
Zone Off Alaska; Pacific Cod by
Catcher/Processor Vessels Using This action responds to the best payments required for IFQ cost recovery
Hook-and-line Gear in the Bering Sea available information recently obtained fees due by January 31, 2006.
and Aleutian Islands Management Area from the fishery. The Assistant DATES: Effective December 15, 2005.
Administrator for Fisheries, NOAA FOR FURTHER INFORMATION CONTACT:
AGENCY: National Marine Fisheries (AA), finds good cause to waive the Troie Zuniga, Fee Coordinator, 907–
Service (NMFS), National Oceanic and requirement to provide prior notice and 586–7231.
Atmospheric Administration (NOAA), opportunity for public comment
Commerce. SUPPLEMENTARY INFORMATION:
pursuant to the authority set forth at 5
ACTION: Temporary rule; closure. U.S.C. 553(b)(B) as such requirement is Background
impracticable and contrary to the public NMFS, Alaska Region, administers
SUMMARY: NMFS is prohibiting directed interest. This requirement is
fishing for Pacific cod by catcher/ the halibut and sablefish IFQ programs
impracticable and contrary to the public in the North Pacific. The IFQ Programs
processor vessels using hook-and-line interest as it would prevent NMFS from
gear in the Bering Sea and Aleutian are limited access systems authorized by
responding to the most recent fisheries section 303(b) of the Magnuson-Stevens
Islands management area (BSAI). This data in a timely fashion and would
action is necessary to prevent exceeding Fishery Conservation and Management
delay the closure of Pacific cod by Act (Magnuson-Stevens Act) and the
the 2005 total allowable catch (TAC) of catcher/processor vessels using hook-
Pacific cod specified for catcher/ Northern Pacific Halibut Act of 1982.
and-line gear in the BSAI. Fishing under the IFQ Programs began
processor vessels using hook-and-line The AA also finds good cause to
gear in the BSAI. in March 1995. Regulations
waive the 30-day delay in the effective implementing the IFQ Program are set
DATES: Effective 1200 hrs, Alaska local date of this action under 5 U.S.C. forth at 50 CFR part 679.
time (A.l.t.), December 12, 2005, until 553(d)(3). This finding is based upon In 1996, the Magnuson-Stevens Act
2400 hrs, A.l.t., December 31, 2005. the reasons provided above for waiver of was amended by Public Law 104–297
FOR FURTHER INFORMATION CONTACT: Josh prior notice and opportunity for public to, among other things, require the
Keaton, 907–586–7228. comment. Secretary of Commerce to ‘‘collect a fee
SUPPLEMENTARY INFORMATION: NMFS This action is required by § 679.20 to recover the actual costs directly
manages the groundfish fishery in the and is exempt from review under related to the management and
BSAI according to the Fishery Executive Order 12866. enforcement of any . . . individual
Management Plan for Groundfish of the Authority: 16 U.S.C. 1801 et seq. fishing quota program’’ (section
Bering Sea and Aleutian Islands Dated: December 9, 2005. 304(d)(2)(A)). Section 304(d)(2) of the
Management Area (FMP) prepared by Alan D. Risenhoover,
Magnuson-Stevens Act specifies an
the North Pacific Fishery Management upper limit on these fees, when the fees
Acting Director, Office of Sustainable
Council under authority of the Fisheries, National Marine Fisheries Service.
must be collected, and where the fees
Magnuson-Stevens Fishery must be deposited. Section 303(d)(4) of
[FR Doc. 05–24078 Filed 12–12–05; 1:45 pm]
Conservation and Management Act. the Magnuson-Stevens Act allows
BILLING CODE 3510–22–S
Regulations governing fishing by U.S. NMFS to reserve up to 25 percent of the
vessels in accordance with the FMP fees collected for use in an IFQ loan
appear at subpart H of 50 CFR part 600 DEPARTMENT OF COMMERCE program to aid in financing the
and 50 CFR part 679. purchase of IFQ or quota share (QS) by
The 2005 Pacific cod TAC allocated to National Oceanic and Atmospheric entry-level and small-vessel fishermen.
catcher/processor vessels using hook- Administration On March 20, 2000, NMFS published
and-line gear in the BSAI is 99,519 regulations implementing the IFQ Cost
metric tons as established by the 2005 50 CFR Part 679 Recovery Program (65 FR 14919), which
and 2006 final harvest specifications for are set forth at 50 CFR 679.45. Under the
groundfish in the BSAI (70 FR 8979, [I.D. 120805C]
regulations, an IFQ permit holder incurs
February 24, 2005), the reallocation on a cost recovery fee liability for every
October 5, 2005 (70 FR 58983, October Fisheries of the Exclusive Economic pound of IFQ halibut and IFQ sablefish
11, 2005) and the reallocation on Zone Off Alaska; North Pacific Halibut that is landed on his or her IFQ
November 21, 2005 (70 FR 71039, and Sablefish Individual Fishing Quota permit(s). The IFQ permit holder is
November 25, 2005). See Cost Recovery Program responsible for self-collecting the fee
§ 679.20(c)(3)(iii) and (c)(5), and liability for all IFQ halibut and IFQ
(a)(7)(i)(C). AGENCY: National Marine Fisheries sablefish landings on his or her
In accordance with § 679.20(d)(1)(iii), Service (NMFS), National Oceanic and permit(s). The IFQ permit holder is also
the Administrator, Alaska Region, Atmospheric Administration (NOAA), responsible for submitting a fee liability
NMFS, has determined that the 2005 Commerce. payment to NMFS on or before the due
Pacific cod TAC allocated to catcher/ ACTION: Notification of standard prices date of January 31 following the year in
processor vessels using hook-and-line for the North Pacific halibut and which the IFQ landings were made. The
VerDate Aug<31>2005 12:19 Dec 14, 2005 Jkt 208001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\15DER1.SGM 15DER1
Federal Register / Vol. 70, No. 240 / Thursday, December 15, 2005 / Rules and Regulations 74209
dollar amount of the fee due is ex-vessel value.’’ ‘‘Actual ex-vessel described in U.S. dollars per IFQ
determined by multiplying the annual value’’ is the amount of all equivalent pound, for IFQ halibut and
IFQ fee percentage (3 percent or less) by compensation, monetary or non- IFQ sablefish landings made during the
the ex-vessel value of each IFQ landing monetary, that an IFQ permit holder year. IFQ equivalent pound(s) means the
made on a permit and summing the received as payment for his or her IFQ weight amount, recorded in pounds, for
totals of each permit (if more than one). fish sold. ‘‘Standard ex-vessel value’’ is an IFQ landing and calculated as round
Standard Prices the default value on which to base fee weight for sablefish and headed and
liability calculations. However, IFQ gutted (‘‘net’’) weight for halibut. NMFS
The fee liability is based on the sum permit holders have the option of using
of all payments of monetary worth made calculates the standard prices to reflect,
‘‘actual ex-vessel value’’ if they can as closely as possible, by month and
to fishermen for the sale of the fish
satisfactorily document those values. port or port-group, the variations in the
during the year. This includes any retro-
payments (e.g., bonuses, delayed partial Regulations at § 679.45(c)(2)(i) require actual ex-vessel values of IFQ halibut
payments, post-season payments) made the Regional Administrator to publish and IFQ sablefish landings. The
to the IFQ permit holder for previously IFQ standard prices during the last standard prices for IFQ halibut and IFQ
landed IFQ halibut or sablefish. quarter of each calendar year. These sablefish are listed in the following
For purposes of calculating IFQ cost standard prices are used, along with table. Data from ports are combined as
recovery fees, NMFS distinguishes estimates of IFQ halibut and IFQ necessary to protect confidentiality of
between two types of ex-vessel value: sablefish landings, to calculate standard data submissions.
‘‘actual ex-vessel value’’ and ‘‘standard values. The standard prices are BILLING CODE 3510–22–S
74210 Federal Register / Vol. 70, No. 240 / Thursday, December 15, 2005 / Rules and Regulations
ER15DE05.020</GPH>
ER15DE05.021</GPH>
ER15DE05.022</GPH>
ER15DE05.023</GPH>
Authority: 16 U.S.C. 1801 et seq. Dated: December 12, 2005.

Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 05–24082 Filed 12–14–05; 8:45 am]
BILLING CODE 3510–22–C
ER15DE05.024</GPH>

Rule: Fishery Conservation and Management: Alaska Fisheries of Exclusive Economic Zone&#8212 Pacific Halibut

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Rule: Fishery Conservation and Management: Alaska Fisheries of Exclusive Economic Zone&#8212 Pacific Halibut

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74208 Federal Register / Vol. 70, No.

240 / Thursday, December 15, 2005 / Rules and Regulations

Authority: 16 U.S.C. 1801 et seq. Dated: December 12, 2005.

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