[Federal Register Volume 75, Number 5 (Friday, January 8, 2010)]
[Rules and Regulations]
[Pages 1021-1023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-142]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 0907241164-91415-02]
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.
[[Page 1022]]
ACTION: Final rule.
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SUMMARY: NMFS is modifying the Northeast (NE) Region experimental
fishing regulations to authorize the NMFS NE 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.
DATES: This final rule is effective on February 8, 2010.
ADDRESSES: Copies of the Regulatory Impact Review (RIR) are available
upon request from Patricia A. Kurkul, Regional Administrator, NMFS, NE
Regional Office, 55 Great Republic Drive, Gloucester, MA 01930.
FOR FURTHER INFORMATION CONTACT: Ryan Silva, Cooperative Research
Liaison, phone (978) 281-9326, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION: This final rule revises portions of the NE
Region experimental fishing regulations to authorize the NMFS NE
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 (temporary possession
LOA).
NE Region fishing regulations 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. 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 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 final rule authorizes the RA, or
the RA's designee, to issue an LOA to eligible researchers on board
federally permitted fishing vessels that plan to temporarily possess
for the purpose of collecting scientific data on fish that could
otherwise not be retained under applicable fishing regulations. The RA
will determine whether the applicant and participating vessels meet the
eligibility criteria prior to issuing or denying a temporary possession
LOA application.
NMFS will maintain discretion over the vessels and researchers that
are issued temporary exemption LOAs. To ensure effective oversight,
eligible vessels will need to meet the requirements described below,
and EFP oversight policies will 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 will 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 will be
required to submit a complete application, similar to an EFP
application, which contains 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 will 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 will be required to supply the vessel operator name, the
vessel's Federal fishing permit number, and the vessel registration or
documentation number.
Comments and Responses
Comment 1: There was one comment submitted in response to this
proposed rulemaking that expressed support for reducing the
administrative burden of EFPs on cooperative research projects in
general.
Response: NMFS concurs that this rule will reduce the
administrative burden of EFPs on cooperative research program.
Classification
Pursuant to section 305(d) of the Magnuson-Stevens Act, the NMFS
Assistant Administrator determined that this rule is consistent with
the Fishery Management Plans (FMPs) of the NE Region, other provisions
of the Magnuson-Stevens Act, and other applicable law, and is necessary
to discharge the general responsibility to carry out said FMPs.
This final 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 during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: January 4, 2010
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine
Fisheries Service.
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For the reasons set out in the preamble, 50 CFR part 648 is amended as
follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority:
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16 U.S.C. 1801 et seq.
0
2. In Sec. 648.12, paragraph (d) is added to read as follows:
[[Page 1023]]
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 data collection 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, is required to submit a complete application, which must
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 will collect the data;
a statement demonstrating the qualifications of the research technician
that will collect the data; the species (target and incidental)
expected to be harvested under the LOA; the proposed disposition of all
regulated species harvested under the LOA; the approximate time(s) and
place(s) fishing will 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 is 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. 2010-142 Filed 1-7-10; 8:45 am]
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