Rule2025-09952
Fisheries of the Exclusive Economic Zone Off Alaska; Amendment 122 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area; Pacific Cod Trawl Cooperative Program; Correction
Primary source
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Published
June 3, 2025
Effective
June 3, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is clarifying the cost recovery process timing from the final rule implementing amendment 122 to the Fishery Management Plan (FMP) for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI). Amendment 122 established the Pacific Cod Trawl Cooperative Program (PCTC Program or Program) to allocate Pacific cod harvest quota to qualifying groundfish License Limitation Program (LLP) license holders and qualifying processors. In this correction, NMFS is clarifying the timing of the cost recovery fee schedule for the existing cost recovery requirements for participants. NMFS is also correcting an out-of-date cross reference.
Full Text
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<title>Federal Register, Volume 90 Issue 105 (Tuesday, June 3, 2025)</title>
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[Federal Register Volume 90, Number 105 (Tuesday, June 3, 2025)]
[Rules and Regulations]
[Pages 23464-23466]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09952]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 250528-0093]
RIN 0648-BL08
Fisheries of the Exclusive Economic Zone Off Alaska; Amendment
122 to the Fishery Management Plan for Groundfish of the Bering Sea and
Aleutian Islands Management Area; Pacific Cod Trawl Cooperative
Program; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Correcting amendment.
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SUMMARY: NMFS is clarifying the cost recovery process timing from the
final rule implementing amendment 122 to the Fishery Management Plan
(FMP) for Groundfish of the Bering Sea and Aleutian Islands Management
Area (BSAI). Amendment 122 established the Pacific Cod Trawl
Cooperative Program (PCTC Program or Program) to allocate Pacific cod
harvest quota to qualifying groundfish License Limitation Program (LLP)
license holders and qualifying processors. In this correction, NMFS is
clarifying the timing of the cost recovery fee schedule for the
existing cost recovery requirements for participants. NMFS is also
correcting an out-of-date cross reference.
DATES: Effective June 3, 2025.
FOR FURTHER INFORMATION CONTACT: Stephanie Warpinski, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Authority for Action
NMFS manages the groundfish fisheries in the exclusive economic
zone (Federal waters) of the BSAI under Federal regulations
implementing the BSAI FMP. The North Pacific Fishery Management Council
(Council) prepared the BSAI FMP under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act),
16 U.S.C. 1801 et seq. Regulations governing U.S. fisheries and
implementing the BSAI FMP appear at 50 CFR parts 600 and 679.
NMFS published a Notice of Availability for amendment 122 in the
Federal Register on December 30, 2022 (87 FR 80519), with public
comments invited through February 28, 2023. To implement amendment 122,
NMFS published a proposed rule in the Federal Register on February 9,
2023 (88 FR 8592), with public comments invited through March 13, 2023.
The Secretary of Commerce approved amendment 122 on March 24, 2023,
after considering information from the public and determining that
amendment 122 is consistent with the BSAI FMP, the Magnuson-Stevens
Act, and other applicable laws. NMFS published a final rule on August
8, 2023 (88 FR 53704).
This action amends the final rule for clarity on two accounts:
first, this action clarifies the timing of cost recovery process;
second, this action updates an incorrect cross-reference.
Background on the PCTC Program
The PCTC Program implemented a complex suite of management measures
to improve fishery conditions for all participants. The PCTC Program is
a Limited Access Privilege Program (LAPP) that allocated harvester
quota share to harvesters and processors based on their historical
catch and processing history. This Program went into effect for the
2024 fishing season. More information about the Program can be
[[Page 23465]]
found on the website here: <a href="https://www.fisheries.noaa.gov/alaska/commercial-fishing/pacific-cod-trawl-cooperative-program">https://www.fisheries.noaa.gov/alaska/commercial-fishing/pacific-cod-trawl-cooperative-program</a>.
Background on Cost Recovery
The PCTC Program is a LAPP that NMFS established under the
provisions of section 303A of the Magnuson-Stevens Act. As specified in
section 304(d) of the Magnuson-Stevens Act, for all LAPPs established
under the Magnuson-Stevens Act, NMFS is required to collect fees from
limited access privilege holders to cover the actual costs of
management, data collection and analysis, and enforcement activities
associated with LAPPs. Cost recovery fees may not exceed three percent
of the ex-vessel value of the fish harvested under the LAPP. The final
rule established a process for NMFS to assess a fee on the ex-vessel
value of PCTC Program cooperative quota (CQ) harvested by cooperatives
in the BSAI.
The annual PCTC Program cost recovery process builds upon existing
cost recovery requirements implemented under other LAPPs in the North
Pacific. For example, NMFS uses the existing Pacific Cod Ex-vessel
Volume and Value Report, which is used to calculate Pacific cod
standard ex-vessel prices in other limited access programs. For the
PCTC Program, the fee collection process begins immediately after the B
season ends on June 10 of each year, and, therefore, the standard ex-
vessel prices that had been published in November of the previous year
are used to calculate the current year's fees. This lagged standard ex-
vessel price from the previous year is applied to the current cost
recovery year's CQ landings.
The PCTC Program direct program costs are tracked from July 1 to
June 30 of the following year. For example, the direct program costs
for the current year of the PCTC Program started July 1, 2024, and will
end on June 30, 2025, which will encompass the CQ application process,
issuance of CQ, and the fishing seasons of the PCTC Program that extend
from January 20 to June 10 each year.
Each year, NMFS publishes a cost recovery fee notice for the PCTC
Program, with the most recent notice published August 1, 2024 (89 FR
62724). NMFS sends each cooperative a fee liability letter to inform
each cooperative of the fee percentage applied to the current year's
landings and the total amount due (fee liability). The letter includes
a summary explaining the fee liability determination, including the
current fee percentage and details of CQ pounds debited from CQ
allocations by permit, date, and prices. Fees must be paid by August 31
of each year.
Each cooperative is responsible for paying cost recovery fees
assessed on CQ landings. Failure to pay cost recovery fee liabilities
on time will result in NMFS not approving a cooperative's application
for a CQ permit the following year until full payment of the fee
liability is received by NMFS. The fee liability letter includes NMFS's
contact information and provides ample opportunity for cooperatives to
reconcile accounts. The agency may pursue collection of any unpaid fees
if the formal determination is not appealed and the account remains
unpaid or under-paid 30 days after fees are due (August 31 of each
year).
To illustrate timing for the 2025 cost recovery cycle, the 2025
PCTC Program fishing year that will have landings subject to cost
recovery ends June 10, 2025. NMFS will use 2024 fishing year ex-vessel
standard prices derived from the Pacific Cod Ex-Vessel Volume and Value
Report submitted by November 10, 2024, for landings made during the
2025 fishing year. Finally, NMFS will use the direct program costs from
July 1, 2024, through June 30, 2025, to calculate the 2025 fee
percentage (which cannot exceed the three percent statutory limit). By
no later than August 1, 2025, the Regional Administrator will publish
the standard price and fee percentage in a notice in the Federal
Register and send invoices to cooperatives.
Need for Corrections
The following changes are applied to the regulations promulgated
with the final rule (88 FR 53704, August 8, 2023).
Cross-Reference Citation Update
At Sec. 679.134(c)(1), NMFS corrects an incorrect cross-reference
to halibut deck-sorting (Sec. 679.120), which now can be found at
Sec. 679.102.
Cost Recovery Clarifications
NMFS identifies that the regulations pertaining to cost recovery
fees could be improved for clarity at Sec. 679.135.
In several places within Sec. 679.135, NMFS changes references to
``prices'' to ``standard ex-vessel prices'' to be consistent with
terminology.
In several places within Sec. 679.135, NMFS changes references to
``catch'' or ``CQ'' to ``CQ landings'' to be consistent with
terminology.
At Sec. 679.135(a)(3)(i), NMFS clarifies when a cooperative must
submit payment. Under amendment 122, the intention was for payment to
be submitted following the end of the fishing season. The current
language states that a cooperative must submit any cost recovery
payment no later than August 31 ``following'' the calendar year in
which the CQ landings were made. NMFS replaces ``following'' with
``of,'' to clarify that payment is due within the same year as the
landings were made, consistent with amendment 122 and the manner in
which NMFS has implemented the Program.
At Sec. 679.135(c)(2)(ii), NMFS removes ``for the previous
calendar year'' in describing direct program costs and clarifies
language describing value. NMFS clarifies direct program costs are
equal to the annual direct program costs for the PCTC Program with any
adjustments to the account from payments received in the previous year.
For example, the time period for the current PCTC Program year includes
direct program costs from July 1, 2024, to June 30, 2025. NMFS corrects
language in the definition of value (V) used for the equation to
calculate the fee percentage, clarifying that the standard ex-vessel
price is multiplied by CQ landings for that fishing year to calculate
the total value of the PCTC Program fishery.
At Sec. 679.135(c)(2)(iii), NMFS clarifies that the fee percentage
is based on the current year's CQ landings using the standard ex-vessel
price from the previous year.
Classification
Pursuant to section 305(d) of the Magnuson-Stevens Act, this action
is necessary to carry out amendment 122 to the BSAI FMP because the
current regulatory language at 50 CFR 679.135 has generated some
confusion among fishery participants. This rule clarifies the timing of
the cost recovery process published in the final rule regulations (88
FR 53704, August 8, 2023) and represents minor, non-substantive changes
to those regulations. The NMFS Assistant Administrator (AA) has
determined that this final rule is consistent with amendment 122 to the
BSAI FMP, other provisions of the Magnuson-Stevens Act, and other
applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The AA finds good cause to waive the requirement to provide prior
notice and opportunity for public comment pursuant to the authority set
forth at 5 U.S.C. 553(b)(B), as such requirement is unnecessary and
contrary to the public interest. This action corrects a cross-reference
and corrects regulatory language to clarify the timing and
[[Page 23466]]
calculation of cost recovery fees, consistent with amendment 122 to the
BSAI FMP, other provisions of the Magnuson-Stevens Act, and other
applicable law. These minor, non-substantive corrections reflect the
manner in which NMFS has implemented the PCTC Program and attempt to
alleviate some confusion among fishery participants. If this correction
is delayed to allow for notice and comment, it would result in
continued confusion for fishery participants, who will be required to
pay cost recovery fees for the current fishing year before NMFS would
be able to complete notice and comment rulemaking. Without this
correction, commercial fishermen may have difficulty understanding when
their cost recovery fees are due, which could lead to problems when
applying for CQ next year. In addition, the public was already provided
with notice and opportunity to comment on this issue during the public
comment period for the Notice of Availability for amendment 122 (87 FR
80519), and the proposed rule (88 FR 8592), so additional opportunity
for public comment at this point would not be meaningful. Therefore, in
order to avoid any negative consequences that could result from failure
to make this correction, the AA finds good cause to waive the
requirement to provide prior notice and opportunity for public comment.
For the reasons above, the AA also finds good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in effective date and make this
rule effective immediately upon publication. Because prior notice and
opportunity for public comment are not required for this rule by 5
U.S.C. 553, or any other law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable.
This rule contains no information collection requirements under the
Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: May 28, 2025.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS corrects 50 CFR part
679 by making the following correcting amendment:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
0
1. The authority citation for 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.
0
2. Amend Sec. 679.134 by revising paragraph (c)(1) to read as follows:
Sec. 679.134 PCTC Program permits, catch monitoring, catch
accounting, and recordkeeping and reporting.
* * * * *
(c) * * *
(1) Catch weighing. All catch, except halibut sorted on deck by
vessels participating in the halibut deck sorting described at Sec.
679.102, must be weighed on a NMFS-approved scale in compliance with
the scale requirements at Sec. 679.28(b). Each haul must be weighed
separately and all catch must be made available for sampling by an
observer.
* * * * *
0
3. Amend Sec. 679.135 by revising paragraphs (a)(3)(i), (b),
(c)(2)(i)(A) and (B), (c)(2)(ii) and (iii), (c)(3), and (c)(4)(iii) to
read as follows:
Sec. 679.135 PCTC Program cost recovery.
(a) * * *
(3) * * *
(i) A cooperative must submit any cost recovery fee liability
payment(s) no later than August 31 of the calendar year in which the CQ
landings were made.
* * * * *
(b) Pacific cod standard ex-vessel value determination and use.
NMFS will use standard ex-vessel prices calculated for Pacific cod
based on information provided in the Pacific Cod Ex-vessel Volume and
Value Report described at Sec. 679.5(u)(1) from the previous calendar
year.
(c) * * *
(2) * * *
(i) * * *
(A) The CQ landings to which the PCTC Program cost recovery fee
will apply;
(B) The ex-vessel value of the CQ landings; and
* * * * *
(ii) NMFS must use the following equation to determine the fee
percentage:
100 x DPC/V
Where:
DPC = the direct program costs for the PCTC Program with any
adjustments to the account from payments received in the previous
year.
V = total value, which is the standard ex-vessel price multiplied by
the CQ landings subject to the PCTC cost recovery fee liability.
(iii) The calculated fee percentage is applied to the CQ landings
made in the current year using the standard ex-vessel price from the
previous year.
(3) Applicable fee percentage. The cooperative must use the fee
percentage applicable at the time a CQ landing is debited from a CQ
allocation to calculate the cost recovery fee liability for any
retroactive payments for CQ landed.
(4) * * *
(iii) NMFS will provide a fee liability summary letter to all
cooperatives by no later than August 1 of each year. The summary will
explain the fee liability determination including the current fee
percentage and details of CQ landings debited from CQ allocations by
permit, species, date, and prices.
* * * * *
[FR Doc. 2025-09952 Filed 6-2-25; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on June 3, 2025.
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