[Federal Register Volume 61, Number 45 (Wednesday, March 6, 1996)]
[Rules and Regulations]
[Pages 8890-8891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5182]
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DEPARTMENT OF COMMERCE
50 CFR Part 683
[Docket No. 950803202-6040-02; I.D. 070395C]
RIN 0648-AH48
Western Pacific Bottomfish Fisheries; Enforcement of Permit and
Other Requirements
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues a final rule to make minor changes to regulations
governing the Bottomfish Fisheries of the Western Pacific Region. In
addition to making some technical changes, the rule requires operators
of bottomfish vessels to display their official number to enhance
enforcement, and fish dealers to make available to authorized officers
records of fish landings and sales they are required by state law to
maintain to facilitate monitoring of the fishery. These changes are
intended to make existing regulations clearer and more effective.
EFFECTIVE DATE: April 4, 1996.
ADDRESSES: Send comments on the collection-of-information requirement
to Ms. Hilda Diaz-Soltero, Director, Southwest Region, NMFS, 501 West
Ocean Boulevard, Suite 4200, Long
[[Page 8891]]
Beach, CA 90802-4213 and to the Office of Information and Regulatory
Affairs, Office of Management and Budget, ATTN: Paperwork Reduction
Project 0648-0306, Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Mr. James Morgan, 310-980-4036; or
Alvin Z. Katekaru, 808-973-2985.
SUPPLEMENTARY INFORMATION: The Western Pacific Fishery Management
Council recommended that NMFS amend the existing regulations governing
the bottomfish fishery to make the regulations clearer and more
effective. The changes made by this final rule were proposed in the
Federal Register on August 18, 1995 (60 FR 43106). The public comment
period on the proposed changes ended on October 16, 1995. No comments
were received.
The final rule makes the following changes in addition to a number
of editorial changes:
1. Adding a prohibition to the prohibitions section of the
regulations to clarify that fishing for bottomfish in the Mau Zone of
the Northwestern Hawaiian Islands without a permit is unlawful;
2. Adding a requirement that the official number of a bottomfish
vessel be prominently displayed; and
3. Adding a requirement that any person, such as fish dealers, make
available to authorized officers records of fish landings and sales
that are required to be maintained by state law.
Classification
This action has been determined to be not significant for the
purposes of E.O. 12866.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act, unless the collection of
information displays a currently valid OMB Control Number.
This rule contains a collection of information requirement subject
to the PRA, namely the requirement that vessels display their official
number in a specified manner. This collection of information has been
approved by OMB under OMB Control Number 0648-0306, which expires
September 29, 1998. The burden estimate for compliance is 45 minutes.
Send comments regarding this burden estimate, or any other aspect of
this collection of information, including suggestions for reducing this
burden to Hilda Diaz-Soltero, NMFS, or the Office of Information and
Regulatory Affairs, OMB (see ADDRESSES).
List of Subjects in 50 CFR Part 683
Administrative practice and procedure, Fisheries, Reporting and
recordkeeping requirements.
Dated: February 29, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 683 is amended
as follows:
PART 683--WESTERN PACIFIC BOTTOMFISH AND SEAMOUNT GROUNDFISH
FISHERIES
1. The authority citation for part 683 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 683.2, the definition of ``Council'' is revised to read
as follows:
Sec. 683.2 Definitions.
* * * * *
Council means the Western Pacific Fishery Management Council, 1164
Bishop Street, Suite 1405, Honolulu, HI 96813, 808-522-8220.
* * * * *
3. In Sec. 683.4, paragraph (d) is added to read as follows:
Sec. 683.4 Recordkeeping and reporting.
* * * * *
(d) Any person who is required by state laws and regulations to
maintain records of landings and sales for vessels regulated by this
part, shall make those records immediately available for Federal
inspection and copying upon request by an authorized officer.
4. In Sec. 683.6, paragraphs (i) and (j) are amended by removing
the word ``fishing'' and replacing it with the word ``fish''; and
paragraphs (f) through (k) are redesignated as paragraphs (g) through
(l), respectively, and paragraphs (f), (m), and (n) are added to read
as follows:
Sec. 683.6 Prohibitions.
* * * * *
(f) Fish for bottomfish in the Mau Zone without a permit issued
under Sec. 683.21.
* * * * *
(m) Fail to affix and maintain vessel markings, as required by
Sec. 683.9.
(n) Refuse to make available to an authorized officer for
inspection any records that must be made available in accordance with
Sec. 681.4.
5. Sections 683.9 and 683.10 are redesignated as Secs. 683.10 and
683.11, respectively, and a new Sec. 683.9 is added as follows:
Sec. 683.9 Vessel identification.
(a) Official number. Each fishing vessel subject to this part must
display its official number on the port and starboard sides of the
deckhouse or hull, and on an appropriate weather deck so as to be
visible from enforcement vessels and aircraft.
(b) Numerals. In each of the three locations specified in paragraph
(a), the official number must appear in block Arabic numerals at least
18 inches (45.7 cm) in height for fishing vessels of 65 ft (19.8 m) in
length or longer, and at least 10 inches (25.4 cm) in height for other
vessels. Markings must be legible and of a color that contrasts with
the background.
(c) Duties of operator. The operator of each fishing vessel subject
to this part must:
(1) Keep the displayed official number clearly legible and in good
repair; and
(2) Ensure that no part of the vessel, its rigging, or its fishing
gear obstructs the view of the official number from an enforcement
vessel or aircraft.
Sec. 683.29 [Amended]
6. In Sec. 683.29, paragraph (a) is amended by removing the
telephone number ``808-955-8831'' and adding, in its place ``808-973-
2939''.
[FR Doc. 96-5182 Filed 3-5-96; 8:45 am]
BILLING CODE 3510-22-F
