[Federal Register Volume 73, Number 84 (Wednesday, April 30, 2008)]
[Rules and Regulations]
[Pages 23386-23387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9504]
[[Page 23386]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 071130780-8013-02]
RIN 0648-AU32
Fisheries of the Northeastern United States; Atlantic Sea Scallop
Fishery; Amendment 11
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; postponement of effective date.
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SUMMARY: This final rule postpones from June 1, 2008, to July 1, 2008,
the effective date of the limited access general category (LAGC)
scallop permit requirements, and specified related requirements, that
are included in the final rule for Amendment 11 to the Atlantic Sea
Scallop Fishery Management Plan (Amendment 11). This final rule is
intended to provide the industry with additional time to comply with
the new LAGC scallop permit requirements.
DATES: The effective date of the following amendments published on
April 14, 2008 (73 FR 70090) is delayed from June 1, 2008 to July 1,
2008: Sec. 648.4(a)(1)(i)(I)(3), (a)(2)(ii), and Sec.
648.9(c)(2)(i)(D); Sec. 648.10(b)(1)(i), (b)(1)(iii), (b)(1)(iv), and
(b)(4)(i) through (iv); Sec. 648.14(a)(56), (a)(57), (h)(1), (h)(28),
and (i); Sec. 648.52; Sec. 648.54(b); Sec. 648.59(b)(5)(ii),
(c)(5)(ii), (d)(5)(ii), and (e)(4)(ii); and Sec. 648.60(a),
introductory text, (g)(1) and (2), and (g)(3) introductory text.
ADDRESSES: A final supplemental environmental impact statement (FSEIS)
was prepared for Amendment 11 that describes the action and other
considered alternatives and provides a thorough analysis of the impacts
of the approved measures and alternatives. Copies of Amendment 11 and
the FSEIS are available on request from Paul J. Howard, Executive
Director, New England Fishery Management Council (Council), 50 Water
Street, Newburyport, MA 01950. These documents are also available
online at: http://www.nero.noaa.gov/nero/hotnews/scallamend11/
Written comments regarding the burden-hour estimate or other
aspects of the collection-of-information requirements contained in this
final rule should be submitted to the Regional Administrator at 1
Blackburn Drive, Gloucester, MA, 01930, and by e-mail to [email protected], or fax to 202-395-7285.
FOR FURTHER INFORMATION CONTACT: Peter Christopher, Fishery Policy
Analyst, phone 978-281-9288, fax 978-281-9135.
SUPPLEMENTARY INFORMATION: The final rule to implement the measures in
Amendment 11 was published in the Federal Register on April 14, 2008
(73 FR 70090). Among the measures established is a requirement that any
vessel that wishes to fish for scallops under general category rules
after May 31, 2008, is required to possess an LAGC scallop permit. The
final rule provided 45 days for the industry to comply with the
requirement. However, given the time it may take NMFS to review,
process, and issue a permit once an application is received, this would
provide very limited time for applicants to complete the permit
application that has been provided to them. Some vessel owners may also
need to purchase and install new vessel monitoring systems (VMS) in
order to comply with the VMS operation and reporting requirements of
the LAGC scallop permits. As a result, NMFS has determined that
applicants should be allowed an additional 30 days, through June 30,
2008, to comply with the requirement to be issued an LAGC scallop
permit. Because some of the provisions in Amendment 11 are specific to
vessels issued LAGC scallop permits, the effective date of these
related measures has been postponed to July 1, 2008, as well. These
include VMS notification requirements, prohibitions, possession and
landing limits, the state waters exemption, Sea Scallop Access Area
provisions, and Sea Scallop Access Area program requirements that are
applicable to LAGC scallop permits. Without postponing these additional
restrictions, there would be no applicable restrictions in effect for
vessels that have an open access general category permit after June 1,
2008.
Classification
The Administrator, Northeast Region, NMFS, has determined that
delaying the effective date of the specified Amendment 11 provisions is
consistent with the analysis, objectives, and determinations of
Amendment 11 and the Magnuson-Stevens Fishery Conservation and
Management Act and other applicable laws.
This final rule refers to collection-of-information requirements
subject to the Paperwork Reduction Act (PRA) and which have been
approved by OMB under control number 0648-0491.
Public reporting burden for these collections of information are
estimated to average as follows:
1. Initial application for an IFQ scallop permit, OMB0648-
0491-30 min per response;
2. Initial application for an NGOM or Incidental scallop permit,
OMB 0648-0491-15 min per response;
3. Completion of ownership cap form for IFQ scallop vessel owners,
OMB 0648-0491-5 min per response;
4. Appeal for an LAGC scallop permit and IFQ scallop vessel
contribution factor, OMB 0648-0491-2 hr per response;
5. Application for a vessel replacement or confirmation of permit
history OMB 0648-0491-3 hr per response;
6. Purchase and installation of a VMS unit for general category
scallop vessels, OMB 0648-0491-2 hr per response;
7. IFQ scallop vessel VMS trip notification requirements, OMB
0648-0491-2 min per response;
8. NGOM scallop fishery VMS trip notification requirements, OMB
0648-0491-2 min per response;
9. Incidental catch vessel VMS trip notification requirements, OMB
0648-0491-2 min per response;
10. Pre-landings VMS notification requirements, OMB 0648-
0491-5 min per response;
11. Application for an IFQ transfer, OMB 0648-0491 -10 min
per response;
12. Electronic payment of cost recovery payment, OMB 0648-
0491-2 hr per response;
13. LAGC scallop fishery sector applications, OMB 0648-
0491-150 hr per response; and
14. Sector operations plans, OMB 0648-0491-100 hr per
response.
These estimates include the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection information. Send
comments regarding these burden estimates, or any other aspect of this
data collection, including suggestions for reducing the burden, to NMFS
(see ADDRESSES) and by e-mail to [email protected], or fax to
202-395-7285.
Notwithstanding any other provision of the law, no person is
required to respond to, and no person shall be subject to 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.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
Pursuant to 5 U.S.C. 533(b)(B), there is good cause to waive prior
notice and
[[Page 23387]]
opportunity for public comment on this action. Given the imminence of
the effective date, seeking prior public comment on this temporary stay
would have been impracticable, as well as contrary to the public
interest in the orderly promulgation and implementation of regulations.
It is unlikely that vessel owners would be able to comply with the
requirement to be issued a permit by June 1, 2008, despite their best
efforts. As a result, vessel owners that could not acquire an LAGC
scallop permit would be prohibited from fishing for scallops, or would
be subject to enforcement action, through no fault of their own.
This final rule is exempt from the procedures of the Regulatory
Flexibility Act because the rule is issued without opportunity for
prior notice and opportunity for public comment.
Dated: April 24, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E8-9504 Filed 4-29-08; 8:45 am]
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