[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Rules and Regulations]
[Pages 44245-44246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18774]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 180209155-8750-03]
RIN 0648-BH77


International Fisheries; Western and Central Pacific Fisheries 
for Highly Migratory Species; Fishing Limits in Purse Seine and 
Longline Fisheries, Restrictions on the Use of Fish Aggregating Devices 
in Purse Seine Fisheries, and Transshipment Prohibitions

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; date of effectiveness for collection-of-information 
requirements.

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SUMMARY: NMFS announces approval by the Office of Management and Budget 
(OMB) of a collection-of-information requirement, which was contained 
in regulations implementing fishing limits in purse seine and longline 
fisheries, and other restrictions, for U.S. vessels used to fish for 
highly migratory species in the western and central Pacific Ocean 
(WCPO), in a final rule published on July 18, 2018. The intent of this 
final rule is to inform the public of the effectiveness of the 
collection-of-information requirement associated with daily purse seine 
fishing effort reports included in the final rule.

DATES: This final rule is effective August 30, 2018. The amendment to 
50 CFR 300.218(g), published at 83 FR 33851 (July 18, 2018), is 
effective on August 30, 2018.

ADDRESSES: Written comments regarding burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
final rule may be submitted to Michael D. Tosatto, Regional 
Administrator, NMFS, Pacific Islands Regional Office (PIRO), 1845 Wasp 
Blvd., Building 176, Honolulu, HI 96818 and by email to 
<a href="/cdn-cgi/l/email-protection#a0efe9f2e1fff3d5c2cdc9d3d3c9cfcee0cfcdc28ec5cfd08ec7cfd6"><span class="__cf_email__" data-cfemail="98d7d1cad9c7cbedfaf5f1ebebf1f7f6d8f7f5fab6fdf7e8b6fff7ee">[email protected]</span></a> or fax to (202) 395-5806.

FOR FURTHER INFORMATION CONTACT: Emily Crigler, NMFS, (808) 725-5036, 
or <a href="/cdn-cgi/l/email-protection#d1b4bcb8bda8ffb2a3b8b6bdb4a391bfbeb0b0ffb6bea7"><span class="__cf_email__" data-cfemail="99fcf4f0f5e0b7faebf0fef5fcebd9f7f6f8f8b7fef6ef">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Under authority of the Western and Central 
Pacific Fisheries Convention Implementation Act (WCPFC Implementation 
Act; 16 U.S.C. 6901 et seq.), NMFS implemented recent decisions of the 
Commission for the Conservation and Management of Highly Migratory Fish 
Stocks in the Western and Central Pacific Ocean.

Background

    NMFS issued a final rule to implement specific fishing limits in 
purse seine and longline fisheries, and other restrictions, for U.S. 
vessels used to fish for highly migratory species in the WCPO. The 
final rule was published in the Federal Register on July 18, 2018 (83 
FR 33851) and the associated regulations are found at 50 CFR part 300. 
The requirements of that final rule, other than the collection-of-
information requirements associated with the daily purse seine fishing 
effort reports, were effective on July 18, 2018. OMB approved the 
collection-of-information requirements contained in the final rule on 
August 3, 2018, under OMB Control Number 0648-0649. Accordingly, this 
final rule announces the approval and effective date of the daily purse 
seine fishing effort report requirements found at 50 CFR 300.218(g).

Classification

Administrative Procedure Act

    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and opportunity for public comment for this action because 
notice and comment would be unnecessary and contrary to the public 
interest. This action simply provides notice of OMB's approval of the 
reporting requirements at issue, which has already occurred, and 
renders those requirements effective. Thus this action does not involve 
any further exercise of agency discretion by NMFS or OMB. Moreover, the 
public has had prior notice and the opportunity to comment on the 
collection-of-information requirement. NMFS published a proposed rule 
including the collection-of-information requirement (83 FR 21748; 
published May 10, 2018), with comments accepted until May 25, 2018. The 
final rule (83 FR 33851; published July 18, 2018), included a response 
to the one comment received on the reporting requirements, advised 
where to send any additional comments on aspects of the collection of 
information, and indicated that this final rule would be published 
announcing the effective date for the revised reporting requirements 
upon OMB approval.
    There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day 
delay in effective date for the collection-of-information requirement. 
The reporting requirements included in this final rule are intended to 
allow NMFS to obtain better data, to more accurately track the purse 
seine fishing effort limits, specified at 50 CFR 300.223(a), and to 
predict when a fishing effort limit is expected to be reached with 
greater certainty. Delaying the effective date of this reporting 
requirement will limit NMFS's ability to accurately track fishing 
effort and make timely predictions of when effort limits may be 
reached. Accordingly, waiver of the 30-day delay in effective date is 
necessary to comply with the requirements of the WCPFC Implementation 
Act, the failure of which would be contrary to the public interest.

Executive Order 12866

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

Paperwork Reduction Act

    This final rule contains a collection-of-information requirement 
subject to the Paperwork Reduction Act (PRA) and which OMB approved 
under OMB Control Number 0648-0649 on August 3, 2018. Specifically, 
U.S. purse seine

[[Page 44246]]

vessels owners and operators may be required, when directed by NMFS, to 
provide daily reports on the fishing activity of the vessel (e.g., 
setting, transiting, searching), location, and type of set. This 
requirement is similar to a previous collection-of-information 
requirement which required U.S. purse seine owners and operators, when 
directed by NMFS, to provide daily reports on the number of sets made 
on fish aggregating devices (FADs) during that day. The public 
reporting burden for the daily report of purse seine effort information 
is estimated to average 10 minutes per response, including 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 this burden 
estimate, or any other aspect of this data collection, including 
suggestions for reducing the burden, to NMFS (see ADDRESSES) and by 
email to <a href="/cdn-cgi/l/email-protection#c7888e95869894b2a5aaaeb4b4aea8a9b487a8aaa5e9a2a8b7e9a0a8b1"><span class="__cf_email__" data-cfemail="84cbcdd6c5dbd7f1e6e9edf7f7edebeaf7c4ebe9e6aae1ebf4aae3ebf2">[email protected]</span></a>, or fax to (202) 395-5806.
    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.

    Authority: 16 U.S.C. 6901 et seq.

    Dated: August 24, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2018-18774 Filed 8-29-18; 8:45 am]
 BILLING CODE 3510-22-P


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