[Federal Register Volume 62, Number 54 (Thursday, March 20, 1997)]
[Proposed Rules]
[Pages 13360-13361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6973]


-----------------------------------------------------------------------


DEPARTMENT OF COMMERCE
50 CFR Part 600

[Docket No. 970304043-7043-01; 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: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: NMFS proposes new reporting requirements for foreign fishing 
vessels (FFV) 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), now 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: Comments must be received by April 21, 1997.

ADDRESSES: Comments should be sent to George H. Darcy, F/SF3, National 
Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 
20910. Comments regarding the collection-of-information requirement 
contained in this rule should be sent to the above address and to 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 October 11, 1996, the President signed 
into law the SFA (Public Law 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 
(Secretary), by regulation, shall prescribe. NMFS, on behalf of the 
Secretary, is proposing revisions to Sec. 600.508(f), which pertains to 
foreign fishing operations in internal waters, to implement the SFA 
requirements.
    The proposed provisions would require that the owner or operator of 
each FFV submit weekly reports to the NMFS Regional Administrator. 
Owners or operators would be required to request the requirements 
regarding the timing and method of submission of the reports from the 
Regional Administrator at least 15 days prior to the first receipt of 
fish from a vessel of the United States. Reports would require vessel 
identification information; date of receipt of fish; amount of fish 
received, by species; and location(s) from which the fish received were 
harvested. The

[[Page 13361]]

timing and method of submission of reports would be stipulated by the 
NMFS Regional Administrator in writing, upon request, and would be 
determined based on the data collection and fishery monitoring systems 
in place in the Region at that time.

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 proposed rule, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities. The only entities affected, namely owners and operators 
of FFV's, are not domestic entities and, according to regulations 
implementing the Regulatory Flexibility Act (RFA), are not considered 
small entities under the RFA. There will be no impacts of this proposed 
rule on domestic small entities.
    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 Paperwork Reduction Act (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 
submitted to OMB for approval. Public reporting burden for this 
collection of information 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.
    Public comment is sought regarding: Whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information has 
practical utility; the accuracy of the burden estimate; ways to enhance 
the quality, utility, and clarity of the information to be collected; 
and ways to minimize the burden of the collection of information, 
including through the use of automated collection techniques or other 
forms of information technology. Send comments regarding these burden 
estimates or any other aspect of this collection of information, 
including suggestions for reducing this burden, to NMFS and to OMB (see 
ADDRESSES).

List of Subjects in 50 CFR Part 600

    Fisheries, Fishing.

    Dated: March 13, 1997.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 600 is 
proposed to be amended as follows:

PART 600--MAGNUSON ACT PROVISIONS

    1. The authority citation for part 600 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    2. 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; and
    (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 the 
requirements regarding the timing and submission of the reports from 
the Regional Administrator at least 15 days prior to the first receipt 
of fish from a vessel of the United States, who shall stipulate them in 
writing.
[FR Doc. 97-6973 Filed 3-19-97; 8:45 am]
BILLING CODE 3510-22-F