[Federal Register Volume 74, Number 205 (Monday, October 26, 2009)]
[Proposed Rules]
[Pages 54947-54949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25713]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 0907241164-91187-01]
RIN 0648-AY09
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: This proposed regulatory amendment would authorize the NMFS
Northeast Regional Administrator (RA), or the RA's designee, to issue a
Letter of Authorization (LOA) to eligible researchers on board
federally permitted fishing vessels that plan to temporarily possess
fish in a manner not compliant with applicable fishing regulations, for
the purpose of collecting scientific data on catch. Currently,
federally permitted fishing vessels that carry research personnel
during commercial fishing trips for the purpose of collecting catch
data before discarding fish that otherwise could not be retained are
required to obtain an exempted fishing permit (EFP) in order to conduct
their sampling work, which is administratively burdensome and has
resulted in the delay and lost opportunity to conduct important fishery
research.
DATES: Written comments must be received on or before November 25,
2009.
ADDRESSES: You may submit comments, identified by 0648-AY09, by any one
of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal: http://www.regulations.gov.
Mail: Paper, disk, or CD-ROM comments should be sent to
Regional Administrator, National Marine Fisheries Service, 55 Great
Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope,
``Comments on the Proposed Rule to Modify Northeast Region Experimental
Fishing Regulations.''
Fax: (978) 281-9135; attention Ryan Silva.
Instructions: All comments received are a part of the public record
and will generally be posted to http://www.regulations.gov without
change. All personal identifying information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit confidential business information or
otherwise sensitive or protected information.
NMFS will accept anonymous comments (enter N/A in the required
fields, if you wish to remain anonymous). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT: Ryan Silva, Cooperative Research
Liaison, phone (978) 281-9326, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION: This proposed rule would revise portions of
the Northeast Region experimental fishing regulations by authorizing
the RA, or the RA's designee, to issue an LOA to eligible researchers
on board federally permitted fishing vessels that temporarily possess
fish species that otherwise could not be retained under the applicable
fishing regulations, for the purpose of collecting scientific data on
catch. The proposed changes would be enacted under the authority given
to the Secretary of Commerce to promulgate regulations to fully carry
out the requirements of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act).
Northeast Region fishing regulations found at 50 CFR part 648
implement management measures for fisheries operating under 15 fishery
management plans (FMPs). These regulations include minimum fish sizes,
fish possession limits, and various spatial and temporal fish
possession restrictions such as quota and area closures. Federally
permitted fishing vessels that carry research personnel during
commercial fishing trips for the purpose of collecting catch data
before discarding restricted fish are currently required to obtain an
EFP in order to conduct their sampling work. An EFP is required
primarily because the vessel would be in possession of fish species
that otherwise could not be retained, albeit temporarily, in a manner
inconsistent
[[Page 54948]]
with normal commercial fishing operations. For example, if a vessel
were to be intercepted by an enforcement agent and the vessel was in
possession of fish that otherwise could not be retained, but had been
retained for data collection purposes and had not yet been processed
and discarded, the vessel would be in violation of fishing regulations.
Although all such fish are discarded once the data have been collected,
there would be a period of time when the vessel was in possession of
fish that could not legally be retained. In all other respects, the
vessels are operating in compliance with commercial fishing
regulations.
The requirement to obtain an EFP prior to conducting these types of
sampling activities on commercial fishing vessels has raised several
issues and concerns within the scientific community, the Regional
Fishery Management Councils, and among NMFS Regional Office (RO) and
Science Center staff. Due to the time necessary to request and obtain
an EFP, these temporary possession EFPs can inhibit the ability of
fishery researchers to opportunistically accompany commercial fishing
vessels for the purpose of data collection. This has resulted in the
delay and lost opportunity to conduct important fishery research, which
negatively affects cooperative research efforts and increases the cost
of data collection. In addition, the administrative burden on NMFS from
processing and overseeing these routine EFPs is substantial.
To mitigate these concerns, this proposed rule would authorize the
RA, or the RA's designee, to issue an LOA to eligible researchers on
board federally permitted fishing vessels that temporarily possess fish
species that could otherwise not be retained under applicable fishing
regulations for the purpose of collecting scientific data on catch
(temporary possession LOA). Temporary possession LOAs would allow
researchers and NMFS to forego the full EFP process, which includes the
solicitation of public comment and consultation under applicable laws
such as the Endangered Species Act (ESA) and the National Environmental
Policy Act (NEPA), for each project requesting authorization to collect
at-sea catch data. The RA would determine whether the applicant and
participating vessels meet the eligibility criteria prior to issuing or
denying a temporary possession LOA application. The time to complete
the review process would be greatly reduced, which would facilitate
important fishery research and reduce lost data collection
opportunities, foster collaborative relationships between the fishing
industry and the fishery research community, and reduce the cost of at-
sea catch data collection. In addition, this would greatly reduce the
administrative burden on NMFS that results from processing these
routine EFPs.
NMFS would maintain discretion over the vessels and researchers
that are issued temporary exemption LOAs. To ensure effective
oversight, eligible vessels would need to meet the requirements
described below, and EFP oversight policies would apply to all vessels
issued a temporary possession LOA. Any additional exemptions beyond
temporary possession would need to be obtained through the standard EFP
process.
Only personnel from the following bodies would be eligible for a
temporary possession LOA: Foreign government agency; U.S. Government
agency; U.S. state or territorial agency; university (or other
educational institution accredited by a recognized national or
international accreditation body); international treaty organization;
or scientific institution.
To obtain a temporary possession LOA, an eligible applicant would
be required to submit a complete application, similar to an EFP
application, which would contain the following information: The date of
the application; the applicant's name, mailing address, and telephone
number; a statement of the purposes and goals for which the LOA is
needed; the name(s) and affiliation of the fishery research technicians
that will be collecting the data; a statement demonstrating the
qualifications of the research technician that will be collecting the
data; the species (target and incidental) expected to be harvested
under the LOA; the disposition of all regulated species harvested under
the LOA; the approximate time(s) and place(s) fishing would take place;
the type, size, and amount of gear to be used; and the signature of the
applicant. In addition, for each vessel to be covered by the LOA, as
soon as the information is available and before operations begin, the
applicant would be required to supply the vessel operator name, the
vessel's Federal fishing permit number, and the vessel registration or
documentation number.
Classification
Pursuant to section 305(d) of the Magnuson-Stevens Act, the
Assistant Administrator for Fisheries, NOAA, has determined that this
proposed rule is consistent with the Fishery Management Plans (FMPs) of
the Northeast Region, other provisions of the Magnuson-Stevens 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.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The factual basis for this determination is as follows:
The cooperative research community, which includes principal
investigators, research technicians, and commercial fishermen, would
be the primary group affected by this rule. It is estimated that
approximately 50 individuals would be affected by this rule. It is
unlikely that this rule will have any effect on any other entity or
business. No regulated entities would incur any additional costs as
a result of this rule as these individuals are already required
under 50 CFR 600.745 to apply for an EFP. This action would simplify
and streamline the process to obtain the necessary documentation.
As a result, an initial regulatory flexibility analysis is not
required, and none has been prepared.
This proposed rule contains collection-of-information requirements
that have already been reviewed and approved by the Office of
Management and Budget (OMB) under OMB control number 0648-0309
(``Scientific Research, Exempted Fishing, and Exempted Activity
Submissions''). Send comments on these or any other aspects of the
collection of information to the Northeast Regional Office at the
ADDRESSES above, 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.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: October 20, 2009.
John Oliver,
Deputy Assistant Administrator For Operations, National Marine
Fisheries Service.
For the reasons stated in the preamble, 50 CFR part 648 is proposed
to be amended as follows:
[[Page 54949]]
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 648.12, paragraph (d) is added to read as follows:
Sec. 648.12 Experimental fishing.
* * * * *
(d) Temporary possession letter of authorization (LOA): The
Regional Administrator (RA), or the RA's designee, may issue an LOA to
eligible researchers on board federally permitted fishing vessels on
which species of fish that otherwise could not be legally retained
would be possessed temporarily for the purpose of collecting catch
data. Under this authorization, such species of fish could be retained
temporarily for scientific purposes, but shall be discarded as soon as
practicable following data collection.
(1) Eligible activities. An LOA may be issued by the RA, or the
RA's designee, to temporarily exempt a vessel, on which a qualified
fishery research technician is collecting catch data, from the
following types of fishery regulations: Minimum fish size restrictions;
fish possession limits; species quota closures; prohibited fish
species, not including species protected under the Endangered Species
Act; and gear-specific fish possession restrictions.
(2) Eligibility criteria. Only personnel from the following bodies
are eligible for a temporary possession LOA: Foreign government agency;
U.S. Government agency; U.S. state or territorial agency; university
(or other educational institution accredited by a recognized national
or international accreditation body); international treaty
organization; or scientific institution.
(3) Application requirements. To obtain a temporary possession LOA,
an eligible applicant, as defined under paragraph (d)(2) of this
section, would be required to submit a complete application, which
would contain the following information: The date of the application;
the applicant's name, mailing address, and telephone number; a
statement of the purposes and goals for which the LOA is needed; the
name(s) and affiliation of the fishery research technicians that will
be collecting the data; a statement demonstrating the qualifications of
the research technician that will be collecting the data; the species
(target and incidental) expected to be harvested under the LOA; the
disposition of all regulated species harvested under the LOA; the
approximate time(s) and place(s) fishing would take place; the type,
size, and amount of gear to be used; and the signature of the
applicant. In addition, for each vessel to be covered by the LOA, as
soon as the information is available and before operations begin, the
applicant would be required to supply to NMFS the vessel operator name,
the vessel's Federal fishing permit number, and the vessel registration
or documentation number.
[FR Doc. E9-25713 Filed 10-23-09; 8:45 am]
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