97-16772. Magnuson-Stevens Act Provisions; Foreign Fishing Vessels in Internal Waters; Reporting Requirements  

  • [Federal Register Volume 62, Number 123 (Thursday, June 26, 1997)]
    [Rules and Regulations]
    [Pages 34396-34397]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-16772]
    
    
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    DEPARTMENT OF COMMERCE
    
    National Oceanic and Atmospheric Administration
    
    15 CFR Part 902
    
    50 CFR Part 600
    
    [Docket No. 970304043-7145-03; I.D. 061397A]
    RIN 0648-AJ59
    
    
    Magnuson-Stevens Act Provisions; Foreign Fishing Vessels in 
    Internal Waters; Reporting Requirements
    
    AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
    Atmospheric Administration (NOAA), Commerce.
    
    ACTION: Final rule, technical amendment and correction.
    
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    SUMMARY: On May 19, 1997, NMFS published a final rule implementing new 
    reporting requirements for foreign fishing vessels (FFV's) operating in 
    the internal waters of a state. This document corrects a typographical 
    error in that final rule and makes a technical amendment to clarify 
    that the reporting of the location of where fish were harvested must 
    include the name and official vessel number of the vessel of the United 
    States that harvested the fish.
    
    DATES: Effective June 26, 1997.
    
    ADDRESSES: Comments regarding burden-hour estimates for the collection-
    of-information requirements contained in this final rule should be sent 
    to George H. Darcy, F/SF3, National Marine Fisheries Service, 1315 
    East-West Highway, Silver Spring, MD 20910, and the Office of 
    Information and Regulatory Affairs, Office of Management and Budget 
    (OMB), Washington, DC 20503 (Attention: NOAA Desk Officer).
    
    FOR FURTHER INFORMATION CONTACT: George H. Darcy, 301-713-2341.
    
    SUPPLEMENTARY INFORMATION: On May 19, 1997, NMFS published a final rule 
    at 62 FR 27182 that implemented reporting requirements for FFV's 
    operating in the internal waters of a state, to reflect the October 
    1996 amendments to the Magnuson-Stevens Act (16 U.S.C. 1801 et seq.). 
    Additional background for that action is contained in the preamble to 
    the final rule and in the preamble to the proposed rule that was 
    published March 20, 1997, at 62 FR 13360, and is not repeated here.
        Following publication of the final rule, it was recognized that the 
    reporting element added at 50 CFR 600.508(f)(2)(i)(D), which requires 
    that the harvest location of the fish received for processing be 
    reported, was not sufficiently explicit. In order for NMFS to properly 
    account for such harvested fish, the harvest location information must 
    include the name and official number of the vessel of the United States 
    that harvested the fish. This technical amendment makes that reporting 
    requirement explicit by revising Sec. 600.508(f)(2)(i)(D). Such 
    information is expected to be maintained as a normal part of conducting 
    business and does not materially change the burden hour estimates 
    published in the preamble to the May 19, 1997, final rule.
        Because section 3507(c)(B)(i) of the Paperwork Reduction Act (PRA) 
    requires agencies to inventory and display a current control number 
    assigned by the Director, OMB, for each agency information collection, 
    the May 19, 1997, final rule also amended 15 CFR 902.1(b) by adding the 
    control number for the approved collection of information. A 
    typographical error in the final rule transposed the numerals in the 
    OMB approval number that was added to the table in 15 CFR 902.1(b); 
    this final rule corrects that error. Under NOAA Administrative Order 
    205-11, 7.01, dated December 17, 1990, the Under Secretary for Oceans 
    and Atmosphere has delegated to the Assistant Administrator for 
    Fisheries, NOAA, the authority to sign material for publication in the 
    Federal Register.
    
    Classification
    
        Because this technical amendment makes only a minor, non-
    substantive clarification and correction to an existing rule, prior 
    notice and opportunity for public comment would serve no purpose. 
    Accordingly, the Assistant Administrator for Fisheries, under 5 U.S.C. 
    553(b)(B), for good cause finds that prior notice and opportunity for 
    public comment are unnecessary. For the same reasons, there is good 
    cause under 5 U.S.C. 553(d) not to delay the effective date of the 
    technical amendment for 30 days.
        Because this rule is being issued without prior comment, it is not 
    subject to the Regulatory Flexibility Act requirement for a regulatory 
    flexibility analysis and none has been prepared.
        This rule contains a collection-of-information requirement subject 
    to the PRA. This collection has been approved by OMB under control 
    number 0648-0329. Public reporting burden is estimated to average 0.5 
    hours per response to fill out and submit each weekly report to the 
    Regional Administrator, including the time for reviewing instructions, 
    searching existing data sources, gathering and maintaining the data 
    needed, and completing and reviewing the collection of information. 
    Send comments regarding burden estimates, or any other aspect of this 
    data collection, including suggestions for reducing the burden, to NMFS 
    and OMB (see ADDRESSES).
        Notwithstanding any other provision of law, no person is required 
    to respond to, nor shall a person be subject to a 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 rule makes minor technical changes to a rule that has been 
    determined to be not significant under E.O. 12866. No changes in the 
    regulatory impact previously reviewed and analyzed will result from 
    implementation of this technical amendment.
    
    List of Subjects
    
    15 CFR Part 902
    
        Reporting and recordkeeping requirements.
    
    50 CFR Part 600
    
        Fisheries, Fishing.
    
        Dated: June 23, 1997.
    Rolland A. Schmitten,
    Assistant Administrator for Fisheries, National Marine Fisheries 
    Service.
    
        For the reasons set out in the preamble, 15 CFR chapter IX and 50 
    CFR chapter VI are amended as follows:
    
    15 CFR Chapter IX
    
    PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
    PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS
    
        1. The authority citation for part 902 continues to read as 
    follows:
    
        Authority: 44 U.S.C. 3501 et seq.
    
        2. In Sec. 902.1, paragraph (b), the table is amended by revising 
    the entry for 50 CFR 600.508 to read as follows:
    
    
    Sec. 902.1  OMB control numbers assigned pursuant to the Paperwork 
    Reduction Act.
    
    * * * * *
        (b) * * *
    
    [[Page 34397]]
    
    
    
    ------------------------------------------------------------------------
                                                                Current OMB 
                                                              control number
      CFR part or section where the information collection     (all numbers 
                     requirement is located                     begin with  
                                                                  0648-)    
    ------------------------------------------------------------------------
                      *        *        *        *        *                 
    50 CFR                                                                  
                      *        *        *        *        *                 
    600.508.................................................           -0329
                      *        *        *        *        *                 
    ------------------------------------------------------------------------
    
    * * * * *
    
    50 CFR Chapter VI
    
    PART 600--MAGNUSON ACT PROVISIONS
    
        3. The authority citation for part 600 continues to read as 
    follows:
    
        Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.
    
        4. In Sec. 600.508, paragraph (f)(2)(i)(D) is revised to read as 
    follows:
    
    
    Sec. 600.508  Fishing operations.
    
    * * * * *
        (f) * * *
        (2) * * *
        (i) * * *
        (D) Location(s) from which the fish received were harvested and the 
    name and official number of the vessel of the United States that 
    harvested the fish.
    * * * * *
    [FR Doc. 97-16772 Filed 6-25-97; 8:45 am]
    BILLING CODE 3510-22-P
    
    
    

Document Information

Effective Date:
6/26/1997
Published:
06/26/1997
Department:
National Oceanic and Atmospheric Administration
Entry Type:
Rule
Action:
Final rule, technical amendment and correction.
Document Number:
97-16772
Dates:
Effective June 26, 1997.
Pages:
34396-34397 (2 pages)
Docket Numbers:
Docket No. 970304043-7145-03, I.D. 061397A
RINs:
0648-AJ59: Magnuson-Stevens Act Provisions; Foreign Fishing Vessels in Internal Waters
RIN Links:
https://www.federalregister.gov/regulations/0648-AJ59/magnuson-stevens-act-provisions-foreign-fishing-vessels-in-internal-waters
PDF File:
97-16772.pdf
CFR: (2)
15 CFR 902.1
50 CFR 600.508