[Federal Register Volume 75, Number 171 (Friday, September 3, 2010)]
[Rules and Regulations]
[Pages 54044-54047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22077]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 0907211157-0327-03]
RIN 0648-AX76
Fisheries in the Western Pacific; Community Development Program
Process
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This final rule establishes eligibility requirements and
procedures for reviewing and approving community development plans for
western Pacific fisheries. The intent of this final rule is to promote
the participation of island communities in fisheries that they have
traditionally depended upon, but in which they may not have the
capabilities to support continued and substantial participation.
DATES: This rule is effective October 4, 2010, except for Sec.
665.20(c), which contains information collection requirements that have
not yet been approved by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act (PRA). When OMB approval is received,
the control number and the effective date for that information
collection will be published in the Federal Register.
ADDRESSES: The background and details of the community development plan
process are described in Amendment 1 to the fishery ecosystem plans for
American Samoa, Hawaii, the Mariana Archipelago, and western Pacific
pelagic fisheries (the amendment is identical for each plan), which is
available from the Western Pacific Fishery Management Council
(Council), 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 808-
522-8220, fax 808-522-8226, or www.wpcouncil.org.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
final rule may be submitted to NMFS, attention Michael D. Tosatto, 1601
Kapiolani
[[Page 54045]]
Blvd., Honolulu, HI 96814, and by e-mail to [email protected], or fax to 202-395-7285.
FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, NMFS Pacific Islands
Region (PIR), Sustainable Fisheries, tel 808-944-2108.
SUPPLEMENTARY INFORMATION: This document is also accessible at
www.gpoaccess.gov/fr.
Section 305(i)(2) of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) authorizes the Council and the
Secretary of Commerce (Secretary), through NMFS, to establish a western
Pacific community development program for any fishery under the
authority of the Council and NMFS. The intent of the program is to
provide western Pacific communities access to fisheries that they have
traditionally depended upon, but may not have the capabilities to
support continued and substantial participation in, possibly due to
economic, regulatory, or other barriers.
In 2002, NMFS published the eligibility criteria for participating
in the western Pacific community development program (67 FR 18512;
April 16, 2002), but did not establish a mechanism to solicit and
review development plans under the program. To address this, the
Council prepared, and the Secretary approved, Amendment 1 to the
American Samoa, Hawaii, Marianas, and western Pacific pelagic fishery
ecosystem plans (FEPs) to establish this process.
This final rule codifies the eligibility criteria for participating
in the program, and the required content of each community development
plan. The Council will review each plan to ensure that it meets the
intent of Section 305(i)(2) of the Magnuson-Stevens Act, and that it
contains all required information. If the requirements are met, the
Council will forward the plan to the NMFS Regional Administrator for
review. NMFS will then publish a notice in the Federal Register to
solicit public review of, and comment on, the community development
plan and any associated environmental review documents. If the plan is
approved, NMFS will publish a notice in the Federal Register,
describing the plan's authorized activities, and any limiting terms and
conditions to ensure proper management and monitoring of the fishing
activity.
Additional background information on this final rule may be found
in the preamble to the proposed rule published on June 16, 2010 (75 FR
34088), and is not repeated here.
The public comment period for the proposed rule (75 FR 34088, June
16, 2010) ended on July 20, 2010. NMFS received one comment and
responds as follows:
Comment: The U.S. Department of the Interior, Fish and Wildlife
Service (FWS), Pacific Reefs National Wildlife Refuge Complex,
commented that the FWS has regulatory authority within eight national
wildlife refuges in the Pacific Remote Island Areas (PRIA), which are
closed to commercial fishing. In 2002, NMFS and the FWS agreed that
fishing managed through a NMFS fishery management plan would not be
allowed within a national wildlife refuge unless specifically
authorized by FWS, regardless of whether the refuge was established by
action of the President or Secretary of the Interior. The agreement
came about as a result of FWS concerns associated with the Fishery
Management Plan for Coral Reef Ecosystems of the Western Pacific Region
and its final Environmental Impact Statement. As part of this
agreement, NMFS published regulations in 50 CFR 660.601. The FWS
recommends clarifying that fishing is not allowed within the boundary
of a national wildlife refuge unless specifically authorized by the
FWS.
Response: The referenced 2002 agreement was limited in scope to the
Coral Reef Ecosystems Fishery Management Plan and was codified at 50
CFR 600.601. In a final rule published on January 14, 2010 (75 FR
2198), NMFS redesignated the fishing regulations for coral reef
ecosystem species in national wildlife refuges from 50 CFR 600.601 to
50 CFR 665.123 (American Samoa), 50 CFR 665.223 (Hawaii), 50 CFR
665.423 (Marianas), and 50 CFR 665.623 (PRIA). The prohibition on
fishing for coral reef ecosystem species without FWS permission remains
in the regulations. Under the FEP amendments, this final rule
establishes only community development program procedures and
administration as described in the proposed rule, and does not alter or
amend existing agency authorities.
Changes from the Proposed Rule
In Sec. 665.20(e)(1), (2), and (4), regarding the review and
approval process, the regulatory language is clarified for internal
consistency.
Classification
The Regional Administrator, PIR, NMFS, determined that this final
rule is necessary for the conservation and management of western
Pacific fisheries, and that it is consistent with the Magnuson-Stevens
Act and other applicable laws.
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.
This final rule contains collection-of-information requirements
subject to the PRA. These requirements have not yet been approved by
OMB, but such approval is expected in the near future. NMFS will
publish a notice when these requirements are cleared by OMB and are,
therefore, effective (see DATES).
The public reporting burden for developing and submitting a
development plan is estimated to average six hours per response,
including 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.
Because approved plans may be subject to additional conditions,
this final rule also contains collection-of-information requirements
subject to the PRA that have been previously approved by OMB. NMFS
estimates that it may receive and process up to five (5) community
development plan proposals each year. Therefore, the additional
estimated burden on western Pacific community development plan
respondents would not exceed the currently-approved burden estimates
for the existing PRA collections listed below:
(1) Approved under 0648-0214, 0648-0577, 0648-0584, 0648-0586, and
0649-0589. (a) PIR logbook family of forms estimated at 5 minutes (min)
per reporting action; (b) pre-trip and post-landing notifications
estimated at 5 min per reporting action; (c) experimental fishing
reports estimated at 4 hours (hr) per reporting action; (d) sales and
transshipment reports estimated at 5
[[Page 54046]]
min per reporting action; (e) report on gear left at sea estimated at 5
min per reporting action; (f) claims for reimbursement for lost fishing
time estimated at 4 hr per claim; (g) request for pelagics area closure
exemption estimated at 1 hr per request; and (h) observer placement
meetings estimated at 1 hr per reporting action. (Sec. Sec. 665.14,
665.17, 665.105, 665.144, 665.145, 665.205, 665.207, 665.244, 665.247,
665.407, 665.444, 665.445, 665.606, 665.644, 665.645, 665.803, and
665.808.)
(2) Approved under 0648-0360, 0648-0361, 0648-0584, 0648-0586, and
0648-0589. PIR gear marking and vessel identification (a) estimated at
45 min to 1 hr 15 min per vessel for vessel identification, and (b)
estimated at 2 min for each gear marking. (Sec. Sec. 665.16, 665.128,
665.228, 665.246, 665.428, 665.628, and 665.804.)
(3) Approved under 0648-0441, 0648-0519, and 0648-0584. PIR vessel
monitoring system (a) installation, estimated at 4 hr per reporting
action; (b) repair and maintenance, estimated at 2 hr per reporting
action; and (c) hourly automated position reports, estimated at 24 sec
per day. (Sec. 665.19.)
(4) Approved under 0648-0456. PIR seabird interaction reporting (a)
at-sea notification, estimated at 1 hr per reporting action; (b)
reporting on recovery data form, estimated at 1 hr per reporting
action; and (c) specimen tagging, estimated at 30 min per reporting
action. (Sec. 665.815.)
(5) Approved under 0648-0462. PIR coral reef logbook reporting (a)
at-sea notification, estimated at 3 min per reporting action; (b)
logbook reporting, estimated at 30 min per reporting action; and (c)
transshipment reports, estimated at 15 min per reporting action.
(Sec. Sec. 665.14, 665.126, 665.226, and 665.426.)
(6) Approved under 0648-0463. PIR coral reef special permit (a)
application, estimated at 2 hr per application; and (b) special permit
appeals, estimated at 3 hr per appeal. (Sec. Sec. 665.124, 665.224,
665.424, and 665.624.)
(7) Approved under 0648-0490, 0648-0577, 0648-0584, 0648-0586, and
0649-0589: (a) PIR permit family of forms estimated at 30 min per
permit action; (b) experimental fishing permits, estimated at 2 hr per
application; and (c) appeals from permit actions estimated at 2 hr per
permit appeal. (Sec. Sec. 665.13, 665.17, 665.142, 665.162, 665.203,
665.242, 665.262, 665.404, 665.442, 665.462, 665.603, 665.642, 665.662,
665.801, and 665.807.)
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 665
Community development, Fisheries, Fishing, Western and central
Pacific.
Dated: August 30, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries,National Marine Fisheries
Service.
0
For the reasons set out in the preamble, 50 CFR part 665 is amended as
follows:
PART 665--FISHERIES IN THE WESTERN PACIFIC
l. The authority citation for part 665 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In part 665, add a new Sec. 665.20 to subpart A read as follows:
Sec. 665.20 Western Pacific Community Development Program.
(a) General. In accordance with the criteria and procedures
specified in this section, the Regional Administrator may authorize the
direct or incidental harvest of management unit species that would
otherwise be prohibited by this part.
(b) Eligibility. To be eligible to participate in the western
Pacific community development program, a community must meet the
following criteria:
(1) Be located in American Samoa, Guam, Hawaii, or the Northern
Mariana Islands (collectively, the western Pacific);
(2) Consist of community residents descended from aboriginal people
indigenous to the western Pacific who conducted commercial or
subsistence fishing using traditional fishing practices in the waters
of the western Pacific;
(3) Consist of individuals who reside in their ancestral homeland;
(4) Have knowledge of customary practices relevant to fisheries of
the western Pacific;
(5) Have a traditional dependence on fisheries of the western
Pacific;
(6) Are currently experiencing economic or other constraints that
have prevented full participation in the western Pacific fisheries and,
in recent years, have not had harvesting, processing or marketing
capability sufficient to support substantial participation in fisheries
in the area; and
(7) Develop and submit a community development plan to the Council
and the NMFS that meets the requirements in paragraph (c) of this
section.
(c) Community development plan. An eligible community seeking
access to a fishery under the authority of the Council and NMFS must
submit to the Council a community development plan that includes, but
is not limited to, the following information:
(1) A statement of the purposes and goals of the plan.
(2) A description and justification for the specific fishing
activity being proposed, including:
(i) Location of the proposed fishing activity.
(ii) Management unit species to be harvested, and any potential
bycatch.
(iii) Gear type(s) to be used.
(iv) Frequency and duration of the proposed fishing activity.
(3) A statement describing the degree of involvement by the
indigenous community members, including the name, address, telephone
and other contact information of each individual conducting the
proposed fishing activity.
(4) A description of how the community and or its members meet each
of the eligibility criteria in paragraph (b) of this section.
(5) If a vessel is to be used by the community to conduct fishing
activities, for each vessel:
(i) Vessel name and official number (USCG documentation, state,
territory, or other registration number).
(ii) Vessel length overall, displacement, and fish holding
capacity.
(iii) Any valid federal fishing permit number(s).
(iv) Name, address, and telephone number of the vessel owner(s) and
operator(s).
(d) Council review. The Council will review each community
development plan to ensure that it meets the intent of the Magnuson-
Stevens Act and contains all required information. The Council may
consider advice of its advisory panels in conducting this review. If
the Council finds the community development plan is complete, it will
transmit the plan to the Regional Administrator for review.
(e) Agency review and approval. (1) Upon receipt of a community
development plan from the Council, the Regional Administrator will
review the
[[Page 54047]]
plan for consistency with paragraphs (b), (c), and (d) of this section,
and other applicable laws. The Regional Administrator may request from
the applicant additional information necessary to make the
determinations pursuant to this section and other applicable laws
before proceeding with the review pursuant to paragraph (e)(2) of this
section.
(2) If the Regional Administrator determines that a plan contains
the required information and is consistent with paragraphs (b), (c),
and (d) of this section, and other applicable laws, NMFS will publish a
notice in the Federal Register to solicit public comment on the
proposed plan and any associated environmental review documents. The
notice will include the following:
(i) A description of the fishing activity to be conducted.
(ii) The current utilization of domestic annual harvesting and
processing capacity (including existing experimental harvesting, if
any) of the target, incidental, and bycatch species.
(iii) A summary of any regulations that would otherwise prohibit
the proposed fishing activity.
(iv) Biological and environmental information relevant to the plan,
including appropriate statements of environmental impacts on target and
non-target stocks, marine mammals, and threatened or endangered
species.
(3) Within 90 days from the end of the comment period on the plan,
the Regional Administrator will notify the applicant in writing of the
decision to approve or disapprove the plan.
(4) If disapproved, the Regional Administrator will provide the
reasons for the plan's disapproval and provide the community with the
opportunity to modify the plan and resubmit it for review. Reasons for
disapproval may include, but are not limited to, the following:
(i) The applicant failed to disclose material information or made
false statements related to the plan.
(ii) The harvest would contribute to overfishing or would hinder
the recovery of an overfished stock, according to the best scientific
information available.
(iii) The activity would be inconsistent with an applicable law.
(iv) The activity would create a significant enforcement,
monitoring, or administrative problem, as determined by the Regional
Administrator.
(5) If approved, the Regional Administrator will publish a notice
of the authorization in the Federal Register, and may attach limiting
terms and conditions to the authorization including, but not limited
to, the following:
(i) The maximum amount of each management unit species and
potential bycatch species that may be harvested and landed during the
term of the authorization.
(ii) The number, sizes, names, identification numbers, and federal
permit numbers of the vessels authorized to conduct fishing activities.
(iii) Type, size, and amount of gear used by each vessel, including
trip limits.
(iv) The times and places where fishing may or may not be
conducted.
(v) Notification, observer, vessel monitoring, and reporting
requirements.
(f) Duration. Unless otherwise specified, and unless revoked,
suspended, or modified, a plan may be effective for no longer than five
years.
(g) Transfer. Plans authorized under this section are not
transferable or assignable.
(h) Sanctions. The Regional Administrator may revoke, suspend or
modify a community development plan in the case of failure to comply
with the terms and conditions of the plan, any other applicable
provision of this part, the Magnuson-Stevens Act, or other applicable
laws.
(i) Program review. NMFS and the Council will periodically review
and assess each plan. If fishery, environmental, or other conditions
have changed such that the plan's goals or requirements are not being
met, or the fishery has become in an overfished state or overfishing is
occurring, the Regional Administrator may revoke, suspend, or modify
the plan.
[FR Doc. 2010-22077 Filed 9-2-10; 8:45 am]
BILLING CODE 3510-22-S