[Federal Register Volume 62, Number 96 (Monday, May 19, 1997)]
[Rules and Regulations]
[Pages 27182-27183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12988]
[[Page 27182]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Part 600
[Docket No. 970304043-7105-02; I.D. 021997D]
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.
-----------------------------------------------------------------------
SUMMARY: NMFS implements new reporting requirements for foreign fishing
vessels (FFV's) operating in the internal waters of a state. FFV's so
authorized by the Governor of a state may engage in fish processing and
support of U.S. fishing vessels within the internal waters of a state
in compliance with the terms and conditions set by the authorizing
Governor. The Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act), as amended by the Sustainable Fisheries Act
(SFA), requires that FFV's report the tonnage and harvest location of
fish received from vessels of the United States. The intent of this
rule is to implement the new statutory requirements of the Magnuson-
Stevens Act and collect landings information for management and
conservation purposes.
DATES: Effective June 18, 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, D.C. 20503 (Attention: NOAA Desk Officer).
FOR FURTHER INFORMATION CONTACT: George H. Darcy, 301-713-2341.
SUPPLEMENTARY INFORMATION: On October 11, 1996, the President signed
into law the SFA (Pub. L. 104-297), which made numerous amendments to
the Magnuson-Stevens Act (16 U.S.C. 1801 et seq.). Section 112(c) of
the SFA amended section 306(c) of the Magnuson-Stevens Act to require
that the owner or operator of a FFV engaged in fish processing and
support of U.S. fishing vessels within the internal waters of a state
submit reports on the tonnage of fish received from vessels of the
United States and the locations from which such fish were harvested, in
accordance with such procedures as the Secretary of Commerce, by
regulation, shall prescribe.
On March 20, 1997, NMFS published a proposed rule at 62 FR 13360
revising Sec. 600.508(f), to implement the SFA requirements. Comments
on the proposed rule were requested through April 21, 1997; no comments
were received and no changes to the proposed rule have been made,
except to add the OMB control number for this approved collection of
information to 15 CFR part 902. 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. Section 902.1(b) of 15 CFR identifies the
location of NOAA regulations for which OMB control numbers have been
issued. This final rule amends Sec. 902.1(b) by adding the control
number for this collection of information. 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
This rule has been determined to be not significant for purposes of
E.O. 12866.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this rule would not have a
significant economic impact on a substantial number of small entities.
No comments were received regarding this certification. As a result, a
regulatory flexibility analysis was not prepared.
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 contains a collection-of-information requirement subject
to the PRA. This collection-of-information requirement has been
approved by OMB under OMB 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).
List of Subjects
15 CFR Part 902
Reporting and recordkeeping requirements.
50 CFR Part 600
Fisheries, Fishing.
Dated: May 12, 1997.
C. Karnella,
Acting 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 adding in
numerical order the following entry to read as follows:
Sec. 902.1 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
* * * * *
(b) * * *
------------------------------------------------------------------------
Current
OMB
control
number
CFR part or section where the information collection (all
requirement is located numbers
begin
with
0648-)
------------------------------------------------------------------------
* * * * *
50 CFR
* * * * *
600.508....................................................... -0239
* * * * *
------------------------------------------------------------------------
* * * * *
[[Page 27183]]
50 CFR Chapter VI
PART 600--MAGNUSON ACT PROVISIONS
3. The authority citation for part 600 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
4. In Sec. 600.508, paragraph (f) is revised to read as follows:
Sec. 600.508 Fishing operations.
* * * * *
(f) Internal waters. For FFV's authorized under section 306(c) of
the Magnuson-Stevens Act:
(1) Each FFV may engage in fish processing and support of U.S.
fishing vessels within the internal waters of that state in compliance
with terms and conditions set by the authorizing Governor.
(2) The owner or operator of each FFV must submit weekly reports on
the amount of fish received from vessels of the United States and the
location(s) where such fish were harvested.
(i) Reports must include:
(A) Vessel identification information for the FFV.
(B) Date of each receipt of fish.
(C) Amount of fish received, by species.
(D) Location(s) from which the fish received were harvested.
(ii) Owners or operators of FFV's processing fish in internal
waters under the provisions of this paragraph (f) must request, from
the Regional Administrator, the requirements regarding timing and
submission of the reports, at least 15 days prior to the first receipt
of fish from a vessel of the United States. The Regional Administrator
shall stipulate the timing and submission requirements in writing.
[FR Doc. 97-12988 Filed 5-16-97; 8:45 am]
BILLING CODE 3510-22-P
