Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26435

§ 73.19 Reports by using agency.

(a) Each using agency shall prepare a

report on the use of each restricted area

assigned thereto during any part of the

preceding 12-month period ended

September 30, and transmit it by the

following January 31 of each year to the

Manager, Air Traffic Division in the

regional office of the Federal Aviation

Administration having jurisdiction over

the area in which the restricted area is

located, with a copy to the Program

Director for Air Traffic Operations,

Federal Aviation Administration,

Washington, DC 20591.

* * * * *

(c) If it is determined that the

information submitted under paragraph

(b) of this section is not sufficient to

evaluate the nature and extent of the use

of a restricted area, the FAA may

request the using agency to submit

supplementary reports. Within 60 days

after receiving a request for additional

information, the using agency shall

submit such information as the Program

Director for Air Traffic Operations

considers appropriate. Supplementary

reports must be sent to the FAA officials

designated in paragraph (a) of this

section.

* * * * *

Issued in Washington, DC, on May 17,

1996.

Harold W. Becker,

Acting Program Director for Air Traffic

Airspace Management.

[FR Doc. 96–13256 Filed 5–24–96; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Part 902

50 CFR Parts 611 and 620

[Docket No. 960222043–6131–02; I.D.

111595B]

RIN 0648–AC61

Foreign and Domestic Fishing;

Scientific Research Activity and

Exempted Fishing

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues new and revised

definitions for certain regulatory terms

to distinguish clearly among scientific

research activities, exempted fishing,

and exempted educational activities; to

clarify and standardize issuance

procedures for letters of

acknowledgement of notification of

scientific research activity and

exempted fishing permits (EFPs); and to

facilitate scientific research activities.

EFFECTIVE DATE: June 27, 1996.

ADDRESSES: Comments regarding

burden-hour estimates or other aspects

of the collection-of-information

requirements contained in this rule

should be sent to Richard H. Schaefer,

Director, Office of Fisheries

Conservation and Management, NMFS,

1315 East-West Highway, Silver Spring,

MD 20910, and to the Office of

Management and Budget, Paperwork

Reduction Project (0648–0214),

Washington, DC 20503 (Attention:

NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT:

William D. Chappell at 301–713–2341

SUPPLEMENTARY INFORMATION: The

Magnuson Fishery Conservation and

Management Act (16 U.S.C. 1801 et seq.)

(Magnuson Act) authorizes the Secretary

of Commerce (Secretary ) to conserve

and manage fishery resources in the

exclusive economic zone (EEZ) by

regulating ‘‘fishing.’’ Excluded expressly

from the definition of ‘‘fishing,’’ and

therefore from the Magnuson Act’s

purview, is ‘‘scientific research activity

which is conducted by a scientific

research vessel.’’ However, the

Magnuson Act does not define

‘‘scientific research activity’’ or

‘‘scientific research vessel.’’ The

legislative history provides little

guidance on Congress’ intent in

exempting scientific research conducted

from a scientific research vessel from

the Magnuson Act’s requirements. In

this rule, NMFS defines ‘‘scientific

research activity,’’ ‘‘scientific research

vessel,’’ and related terms.

‘‘Exempted fishing,’’ an activity that

has been regulated under fishery

management plans (FMPs) prepared by

Regional Fishery Management Councils

(Councils) or the Secretary, is defined in

this rule for domestic vessels only.

NMFS anticipates that individual FMPs

that currently authorize ‘‘experimental

fishing’’ will be amended, as necessary,

to replace existing references to

‘‘experimental fishing’’ with references

to ‘‘exempted fishing,’’ and to

standardize terminology and procedures

for issuance of EFPs by replacing

existing regulatory text with references

to these rules. In the absence of specific

regulations for each fishery, these

procedures will be followed. Authority

to allow exempted fishing in any

regulated fishery would be established

through the governing FMP and/or its

implementing regulations.

In addition, NMFS proposes to define

‘‘exempted educational activity’’ for the

domestic fishing regulations to

distinguish between commercially

oriented exempted fishing and those

activities of very limited scope and

duration, conducted by educational

institutions, that may involve activities

that are not in accordance with

regulations implemented under

authority of an FMP. In the absence of

specific regulations for each fishery,

these procedures will be followed.

NMFS published a proposed rule at

61 FR 10712, March 15, 1996,

requesting comments by April 15, 1996.

No comments from the general public or

other agencies were received. The

following addresses internal comments

generated during review.

Throughout the rule, the term ‘‘Center

Director’’ is replaced by the term

‘‘Science and Research Director’’ to

reflect accurately the title of the

Directors of NMFS’s Fishery Science

Centers.

Under the definition of the term

‘‘scientific research plan’’ for both the

foreign and domestic regulations,

paragraph (5) has been revised to

include expected quantities of fish to be

taken instead of an absolute amount,

retaining some flexibility for

researchers.

In § 620.10(b)(1), the authority of the

Regional Director to issue EFPs is

expanded to include reasons of health

and safety, environmental cleanup, and

hazard removal. This provision allows

an exemption for fishing gear to be used

in oil rig removal cleanup, oil spill

cleanup, or other contingencies not

directly related to fishing.

In § 620.10(b)(3)(i), the requirement

for a comment period on EFPs is

modified to allow comment to be taken

at a Council meeting instead of, or in

conjunction with, a more formal

comment period. This allows some

Councils to continue their current

practice, which has proven sufficient for

public comment and is more efficient in

providing timely response to the

applicants.

In § 620.10(d)(3)(ii)(F), the paragraph

is corrected to reference exempted

educational activity instead of EFP.

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 final rule has been determined to

be not significant for purposes of E.O.

12866.
26436 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

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. The reasons

were published at 61 FR 10712, March

15, 1996. As a result, a regulatory

flexibility analysis was not prepared.

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 (PRA), unless that

collection of information displays a

currently valid Office of Management

and Budget (OMB) Control Number.

This rule contains a collection-ofinformation requirement subject to the

PRA. The collection of this information

has been approved by the OMB, OMB

Control Number 0648–0309. The public

reporting burden for this collection of

information is estimated: (1) To average

1 hour per response to send NMFS a

copy of a scientific research plan and

provide a copy of the cruise report or

research publication; (2) to average 1

hour per response to complete an

application for an EFP or authorization

for an exempted educational activity;

and (3) to average 1 hour per response

to collect information and provide a

report at the conclusion of exempted

fishing. Send comments regarding this

burden estimate, or any other aspect of

the data requirements, 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 611

Fisheries, Foreign relations, Reporting

and recordkeeping requirements.

50 CFR Part 620

Fisheries, Fishing.

Dated: May 20, 1996.

Gary Matlock,

Program Management Officer, 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 § 902.1, paragraph (b) the table

is amended by adding, in numerical

order, the following entries to read as

follows:

§ 902.1 OMB control numbers assigned

pursuant to the Paperwork Reduction Act.

* * * * *

(b) * * *

CFR part or section

where the information

collection requirement is located

Current OMB control

number (all numbers

begin with 0648–)

* * * * *

50 CFR.

* * * * *

611.14 ...................... ¥0309

* * * * *

620.10 ...................... ¥0309

* * * * *

50 CFR CHAPTER VI

PART 611—FOREIGN FISHING

3. The authority citation for part 611

is revised to read as follows:

Authority: 16 U.S.C. 971 et seq., 1361 et

seq., 1801 et seq., and 22 U.S.C. 1971 et seq.

4. In § 611.2, the definition for

‘‘Center Director’’ is removed and

definitions for ‘‘Director’’, ‘‘Science and

Research Director’’, ‘‘Scientific cruise’’,

‘‘Scientific research activity’’,

‘‘Scientific research plan’’, and

‘‘Scientific research vessel’’, are added,

in alphabetical order, to read as follows:

§ 611.2 Definitions.

* * * * *

Director means the Director of the

Office of Fisheries Conservation and

Management, 1315 East-West Highway,

Silver Spring, MD 20910.

* * * * *

Science and Research Director means

the Director of one of the five NMFS

Fisheries Science Centers described in

Table 1 of Appendix A to this subpart,

or a designee.

Scientific cruise means the period of

time during which a scientific research

vessel is operated in furtherance of a

scientific research project, beginning

when the vessel leaves port to undertake

the project and ending when the vessel

completes the project as provided for in

the applicable scientific research plan.

Scientific research activity is, for the

purposes of this part, an activity in

furtherance of a scientific fishery

investigation or study that would meet

the definition of fishing under the

Magnuson Act, but for the exemption

applicable to scientific research activity

conducted from a scientific research

vessel. Scientific research activity

includes, but is not limited to, sampling,

collecting, observing, or surveying the

fish or fishery resources within the EEZ,

at sea, on board scientific research

vessels, to increase scientific knowledge

of the fishery resources or their

environment, or to test a hypothesis as

part of a planned, directed investigation

or study conducted according to

methodologies generally accepted as

appropriate for scientific research. Atsea scientific fishery investigations

address one or more issues involving

taxonomy, biology, physiology,

behavior, disease, aging, growth,

mortality, migration, recruitment,

distribution, abundance, ecology, stock

structure, bycatch, and catch estimation

of finfish and shellfish (invertebrate)

species considered to be a component of

the fishery resources within the EEZ.

Scientific research activity does not

include the collection and retention of

fish outside the scope of the applicable

research plan, or the testing of fishing

gear. Data collection designed to capture

and land quantities of fish for product

development, market research, and/or

public display are not scientific research

activities and must be permitted under

exempted fishing procedures. For

foreign vessels, such data collection

activities are considered scientific

research if they are carried out in full

cooperation with the United States.

Scientific research plan means a

detailed, written formulation, prepared

in advance of the research, for the

accomplishment of a scientific research

project. At a minimum, a sound

scientific research plan should include:

(1) A description of the nature and

objectives of the project, including the

hypothesis or hypotheses to be tested.

(2) The experimental design of the

project, including a description of the

methods to be used, the type and class

of any vessel(s) to be used, and a

description of sampling equipment.

(3) The geographical area(s) in which

the project is to be conducted.

(4) The expected date of first

appearance and final departure of the

research vessel(s) to be employed, and

deployment and removal of equipment,

as appropriate.
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26437

(5) The expected quantity and species

of fish to be taken and their intended

disposition, and, if significant amounts

of a managed species or species

otherwise restricted by size or sex are

needed, an explanation of such need.

(6) The name, address, and telephone/

telex/fax number of the sponsoring

organization and its director.

(7) The name, address, and telephone/

telex/fax number, and curriculum vitae

of the person in charge of the project

and, where different, the person in

charge of the research project on board

the vessel.

(8) The identity of any vessel(s) to be

used including, but not limited to, the

vessel’s name, official documentation

number and IRCS, home port, and

name, address, and telephone number of

the owner and master.

Scientific research vessel means a

vessel owned or chartered by, and

controlled by, a foreign government

agency, U.S. Government agency

(including NOAA or institutions

designated as federally funded research

and development centers), U.S. state or

territorial agency, university (or other

educational institution accredited by a

recognized national or international

accreditation body), international treaty

organization, or scientific institution. In

order for a vessel that is owned or

chartered and controlled by a foreign

government to meet this definition, the

vessel must have scientific research as

its exclusive mission during the

scientific cruise in question and the

vessel operations must be conducted in

accordance with a scientific research

plan.

* * * * *

5. In § 611.7, paragraphs (a)(27) and

(a)(28) are redesignated as paragraphs

(a)(29) and (a)(30), respectively, and

new paragraphs (a)(27) and (a)(28) are

added to read as follows:

§ 611.7 Prohibitions.

(a) * * *

(27) Fish in violation of the terms or

conditions of any permit or

authorization issued under the

Magnuson Act;

(28) On a scientific research vessel,

engage in fishing other than recreational

fishing authorized by applicable state,

territorial, or Federal regulations;

* * * * *

6. Section 611.14 is revised to read as

follows:

§ 611.14 Scientific research activity.

(a) Scientific research activity.

Persons planning to conduct scientific

research activities in the EEZ that may

be confused with fishing are encouraged

to submit to the appropriate Regional

Director, Director, or designee, 60 days

or as soon as practicable prior to its

start, a scientific research plan for each

scientific cruise. The Regional Director,

Director, or designee will acknowledge

notification of scientific research

activity by issuing to the operator or

master of that vessel, or to the

sponsoring institution, a letter of

acknowledgment. This letter of

acknowledgment is separate and

distinct from any permit required under

any other applicable law. If the Regional

Director, Director, or designee, after

review of a research plan, determines

that it does not constitute scientific

research activity but rather fishing, the

Regional Director, Director, or designee

will inform the applicant as soon as

practicable and in writing. The Regional

Director, Director, or designee may also

make recommendations to revise the

research plan to make the cruise

acceptable as scientific research activity.

In order to facilitate identification of

activity as scientific research, persons

conducting scientific research activities

are advised to carry a copy of the

scientific research plan and the letter of

acknowledgment on board the scientific

research vessel. Activities conducted in

accordance with a scientific research

plan acknowledged by such a letter are

presumed to be scientific research

activities. The presumption may be

overcome by showing that an activity

does not fit the definition of scientific

research activity or is outside the scope

of the scientific research plan.

(b) Reports. Persons conducting

scientific research are requested to

submit a copy of any cruise report or

other publication created as a result of

the cruise, including the amount,

composition, and disposition of their

catch, to the appropriate Science and

Research Director.

7. Table 1 to Appendix A to subpart

A of part 611 is revised to read as

follows:

Appendix A to Subpart A—Addresses, Areas of Responsibility and Communications

TABLE 1.—ADDRESSES

NMFS regional directors NMFS Fisheries Science Center directors U.S. Coast Guard commanders

Director, Northeast Region, National Marine

Fisheries Service, NOAA, One Blackburn

Drive, Gloucester, MA 01930–2298; Telex:

940007; Telephone: 508–281–9300; FAX:

508–281–9333.

Director, Northeast Fisheries Science Center,

National Marine Fisheries Service, NOAA,

166 Water Street, Woods Hole, MA 02543–

1097, Attn: Observer Program; Telex:

322200; Telephone: 508–548–5123; FAX:

508–548–5124.

Commander, Atlantic Area, U.S. Coast Guard,

Governor’s Island, New York, NY 10004;

Telex: 126831; Telephone: 212–668–7877.

Director, Southeast Region, National Marine

Fisheries Service, NOAA, 9721 Exec. Center Drive N., St. Petersburg, FL 33702; Telephone: 813–570–5301; FAX: 813–570–5300.

Director, Southeast Fisheries Science Center,

National Marine Fisheries Service, NOAA,

75 Virginia Beach Drive, Miami, FL 33149–

1003; Telephone: 305–361–5761; FAX:

305–361–4219.

Commander, Atlantic Area, U.S. Coast Guard,

New York, NY 10004; Telex: 126831; Telephone: 212–668–7877.

Director, Northwest Region, National Marine

Fisheries Service, NOAA, 7600 Sand Point

Way, NE, BIN C15700, Bldg. 1, Seattle, WA

98115; Telex: 9104442786; Telephone:

206–526–6150; FAX: 206–526–6426.

Director, Northwest Fisheries Science Center,

National Marine Fisheries Service, NOAA,

2725 Montlake Boulevard East, Seattle, WA

98112–2097; Telephone: 206–442–1872;

FAX: 206–442–4304.

Commander, Pacific Area, U.S. Coast Guard,

Government Island, Alameda, CA 94501;

Telex: 172343; Telephone: 510–437–3700;

FAX: 510–437–3017.

Director, Alaska Region, National Marine Fisheries Service, NOAA, P.O. Box 1668, Juneau, AK 99802–1668; Telex: 09945377;

Telephone: 907–586–7221; FAX: 907–586–

7249.

Director, Alaska Fisheries Science Center, National Marine Fisheries Service, NOAA,

7600 Sand Point Way, NE, BIN C15700,

Bldg. 4, Seattle, WA 98115–0070; Telex:

329422; Telephone: 206–526–4000; FAX:

206–526–4004.

Commander, Seventeenth Coast Guard District, P.O. Box 3–5000, Juneau, AK 99801;

Telex: 45305; Telephone: 907–586–7200

after hours: 907–586–7350.
26438 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

TABLE 1.—ADDRESSES—Continued

NMFS regional directors NMFS Fisheries Science Center directors U.S. Coast Guard commanders

Director, Southwest Region National Marine

Fisheries Service, NOAA, 501 West Ocean

Blvd, Suite 4200, Long Beach, CA 90802–

4213; Telephone: 310–980–4001; FAX:

310–980–4018.

Director, Southwest Fisheries Science Center,

National Marine Fisheries Service, NOAA,

P.O. Box 271, La Jolla, CA 92038–0271;

Telephone: 619–546–7000; FAX: 619–546–

7003.

Commander, Fourteenth Coast Guard District,

300 Ala Moana Blvd., Honolulu, HI 96813;

Telex: 392401; Telephone: 808–546–7597.

PART 620—GENERAL PROVISIONS

FOR DOMESTIC FISHERIES

8. The authority citation for part 620

continues to read as follows:

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

9. In § 620.2, definitions for

‘‘Director’’, ‘‘Exempted educational

activity’’, ‘‘Exempted or experimental

fishing’’, ‘‘Regional Director’’, ‘‘Science

and Research Director’’, ‘‘Scientific

cruise’’, ‘‘Scientific research activity’’,

‘‘Scientific research plan’’, and

‘‘Scientific research vessel’’, are added,

in alphabetical order, to read as follows:

§ 620.2 Definitions.

* * * * *

Director means the Director of the

Office of Fisheries Conservation and

Management, 1315 East-West Highway,

Silver Spring, MD 20910.

* * * * *

Exempted educational activity means

an activity, conducted by an educational

institution accredited by a recognized

national or international accreditation

body, of limited scope and duration,

that is otherwise prohibited by part 285

or chapter VI of this title, but that is

authorized by the appropriate Director

or Regional Director for educational

purposes.

Exempted or experimental fishing

means fishing from a vessel of the

United States that involves activities

otherwise prohibited by part 285 or

chapter VI of this title, but that are

authorized under an exempted fishing

permit (EFP). These regulations refer

exclusively to exempted fishing.

References in 50 CFR part 285 and

elsewhere in this chapter to

experimental fishing mean exempted

fishing under this part.

* * * * *

Regional Director means the Director

of one of the five NMFS Regions.

* * * * *

Science and Research Director means

the Director of one of the five NMFS

Fisheries Science Centers.

Scientific cruise means the period of

time during which a scientific research

vessel is operated in furtherance of a

scientific research project, beginning

when the vessel leaves port to undertake

the project and ending when the vessel

completes the project as provided for in

the applicable scientific research plan.

Scientific research activity is, for the

purposes of this part, an activity in

furtherance of a scientific fishery

investigation or study that would meet

the definition of fishing under the

Magnuson Act, but for the exemption

applicable to scientific research activity

conducted from a scientific research

vessel. Scientific research activity

includes, but is not limited to, sampling,

collecting, observing, or surveying the

fish or fishery resources within the EEZ,

at sea, on board scientific research

vessels, to increase scientific knowledge

of the fishery resources or their

environment, or to test a hypothesis as

part of a planned, directed investigation

or study conducted according to

methodologies generally accepted as

appropriate for scientific research. Atsea scientific fishery investigations

address one or more issues involving

taxonomy, biology, physiology,

behavior, disease, aging, growth,

mortality, migration, recruitment,

distribution, abundance, ecology, stock

structure, bycatch, and catch estimation

of finfish and shellfish (invertebrate)

species considered to be a component of

the fishery resources within the EEZ.

Scientific research activity does not

include the collection and retention of

fish that is outside the scope of the

applicable research plan, or the testing

of fishing gear. Data collection designed

to capture and land quantities of fish for

product development, market research,

and/or public display are not scientific

research activities and must be

permitted under exempted fishing

procedures.

Scientific research plan means a

detailed, written formulation, prepared

in advance of the research, for the

accomplishment of a scientific research

project. At a minimum, a sound

scientific research plan should include:

(1) A description of the nature and

objectives of the project, including the

hypothesis or hypotheses to be tested.

(2) The experimental design of the

project, including a description of the

methods to be used, the type and class

of any vessel(s) to be used (including

the name and tonnage of vessel as soon

as identified), and a description of

sampling equipment.

(3) The geographical area(s) in which

the project is to be conducted.

(4) The expected date of first

appearance and final departure of any

research vessel(s) to be employed, and

deployment and removal of equipment,

as appropriate.

(5) The expected quantity and species

of fish to be taken and their intended

disposition, and, if significant amounts

of a managed species or species

otherwise restricted by size or sex are

needed, an explanation of such need.

(6) The name, address, and telephone/

telex/fax number of the sponsoring

organization and its director.

(7) The name, address, telephone/

telex/fax number, and curriculum vitae

of the person in charge of the project

and, where different, the person in

charge of the research project on board

the vessel.

(8) The identity of any vessel(s) to be

used, including, but not limited to, the

vessel’s name, official documentation

number or state registration number,

home port, and name, address, and

telephone number of the owner and

master.

Scientific research vessel means a

vessel owned or chartered by, and

controlled by, a foreign government

agency, U.S. Government agency

(including NOAA or institutions

designated as federally funded research

and development centers), U.S. state or

territorial agency, university (or other

educational institution accredited by a

recognized national or international

accreditation body), international treaty

organization, or scientific institution. To

meet this definition, the vessel must

have scientific research as its exclusive

mission during the scientific cruise in

question and the vessel operations must

be conducted in accordance with a

scientific research plan.

* * * * *

10. In § 620.7, paragraphs (i) through

(l) are added to read as follows:

§ 620.7 General prohibitions.

* * * * *

(i) Fish in violation of the terms or

conditions of any permit or
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26439

authorization issued under the

Magnuson Act.

(j) Fail to report catches as required

while fishing pursuant to an exempted

fishing permit.

(k) On a scientific research vessel,

engage in fishing other than recreational

fishing authorized by applicable state or

Federal regulations.

(l) Trade, barter, or sell; or attempt to

trade, barter, or sell fish possessed or

retained while fishing pursuant to an

authorization for an exempted

educational activity.

11. Section 620.10 is added to read as

follows:

§ 620.10 Scientific research activity,

exempted fishing, and exempted

educational activity.

(a) Scientific research activity.

Nothing in this part is intended to

inhibit or prevent any scientific research

activity conducted by a scientific

research vessel. Persons planning to

conduct scientific research activities in

the EEZ are encouraged to submit to the

appropriate Regional Director, Director,

or designee, 60 days or as soon as

practicable prior to its start, a scientific

research plan for each scientific cruise.

The Regional Director, Director, or

designee will acknowledge notification

of scientific research activity by issuing

to the operator or master of that vessel,

or to the sponsoring institution, a letter

of acknowledgment. This letter of

acknowledgment is separate and

distinct from any permit required by

any other applicable law. If the Regional

Director, Director, or designee, after

review of a research plan, determines

that it does not constitute scientific

research but rather fishing, the Regional

Director, Director, or designee will

inform the applicant as soon as

practicable and in writing. The Regional

Director, Director, or designee may also

make recommendations to revise the

research plan to make the cruise

acceptable as scientific research activity

or recommend the applicant request an

EFP. In order to facilitate identification

of activity as scientific research, persons

conducting scientific research activities

are advised to carry a copy of the

scientific research plan and the letter of

acknowledgment on board the scientific

research vessel. Activities conducted in

accordance with a scientific research

plan acknowledged by such a letter are

presumed to be scientific research

activity. The presumption may be

overcome by showing that an activity

does not fit the definition of scientific

research activity or is outside the scope

of the scientific research plan.

(b) Exempted fishing—(1) General. A

NMFS Regional Director or Director may

authorize, for limited testing, public

display, data collection, exploratory,

health and safety, environmental

cleanup, and/or hazard removal

purposes, the target or incidental

harvest of species managed under an

FMP or fishery regulations that would

otherwise be prohibited. Exempted

fishing may not be conducted unless

authorized by an EFP issued by a

Regional Director or Director in

accordance with the criteria and

procedures specified in this section. The

Regional Director or Director may

charge a fee to recover the

administrative expenses of issuing an

EFP. The amount of the fee will be

calculated, at least annually, in

accordance with procedures of the

NOAA Handbook for determining

administrative costs of each special

product or service; the fee may not

exceed such costs. Persons may contact

the appropriate Regional Director or

Director to find out the applicable fee.

(2) Application. An applicant for an

EFP shall submit a completed

application package to the appropriate

Regional Director or Director, as soon as

practicable and at least 60 days before

the desired effective date of the EFP.

Submission of an EFP application less

than 60 days before the desired effective

date of the EFP may result in a delayed

effective date because of review

requirements. The application package

must include payment of any required

fee as specified by paragraph (b)(1) of

this section, and a written application

that includes, but is not limited to, the

following information:

(i) The date of the application.

(ii) The applicant’s name, mailing

address, and telephone number.

(iii) A statement of the purposes and

goals of the exempted fishery for which

an EFP is needed, including justification

for issuance of the EFP.

(iv) For each vessel to be covered by

the EFP as soon as the information is

available and before operations begin

under the EFP:

(A) A copy of the U.S. Coast Guard

documentation, state license, or

registration of each vessel, or the

information contained on the

appropriate document.

(B) The current name, address, and

telephone number of the owner and

master, if not included on the document

provided for the vessel.

(v) The species (target and incidental)

expected to be harvested under the EFP,

the amount(s) of such harvest necessary

to conduct the exempted fishing, the

arrangements for disposition of all

regulated species harvested under the

EFP, and any anticipated impacts on

marine mammals or endangered species.

(vi) For each vessel covered by the

EFP, the approximate time(s) and

place(s) fishing will take place, and the

type, size, and amount of gear to be

used.

(vii) The signature of the applicant.

(viii) The Regional Director or

Director, as appropriate, may request

from an applicant additional

information necessary to make the

determinations required under this

section. An incomplete application or

an application for which the appropriate

fee has not been paid will not be

considered until corrected in writing

and the fee paid. An applicant for an

EFP need not be the owner or operator

of the vessel(s) for which the EFP is

requested.

(3) Issuance. (i) The Regional Director

or Director, as appropriate, will review

each application and will make a

preliminary determination whether the

application contains all of the required

information and constitutes an activity

appropriate for further consideration. If

the Regional Director or Director finds

that any application does not warrant

further consideration, both the applicant

and the affected Council(s) will be

notified in writing of the reasons for the

decision. If the Regional Director or

Director determines that any application

warrants further consideration,

notification of receipt of the application

will be published in the Federal

Register with a brief description of the

proposal, and the intent of NMFS to

issue an EFP. Interested persons will be

given a 15- to 45-day opportunity to

comment and/or comments will be

requested during public testimony at a

Council meeting. The notification may

establish a cut-off date for receipt of

additional applications to participate in

the same, or a similar, exempted fishing

activity. The Regional Director or

Director also will forward copies of the

application to the Council(s), the U.S.

Coast Guard, and the appropriate fishery

management agencies of affected states,

accompanied by the following

information:

(A) The effect of the proposed EFP on

the target and incidental species,

including the effect on any total

allowable catch.

(B) A citation of the regulation or

regulations that, without the EFP, would

prohibit the proposed activity.

(C) Biological information relevant to

the proposal, including appropriate

statements of environmental impacts,

including impacts on marine mammals

and threatened or endangered species.

(ii) If the application is complete and

warrants additional consultation, the

Regional Director or Director may

consult with the appropriate Council(s)
26440 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations

concerning the permit application

during the period in which comments

have been requested. The Council(s) or

the Director or Regional Director shall

notify the applicant in advance of any

meeting at which the application will be

considered, and offer the applicant the

opportunity to appear in support of the

application.

(iii) As soon as practicable after

receiving responses from the agencies

identified in paragraph (b)(3)(i) of this

section, and/or after the consultation, if

any, described in paragraph (b)(3)(ii) of

this section, the Regional Director or

Director shall notify the applicant in

writing of the decision to grant or deny

the EFP, and, if denied, the reasons for

the denial. Grounds for denial of an EFP

include, but are not limited to, the

following:

(A) The applicant has failed to

disclose material information required,

or has made false statements as to any

material fact, in connection with his or

her application; or

(B) According to the best scientific

information available, the harvest to be

conducted under the permit would

detrimentally affect the well-being of

the stock of any regulated species of

fish, marine mammal, or threatened or

endangered species in a significant way;

or

(C) Issuance of the EFP would have

economic allocation as its sole purpose;

or

(D) Activities to be conducted under

the EFP would be inconsistent with the

intent of this section, the management

objectives of the FMP, or other

applicable law; or

(E) The applicant has failed to

demonstrate a valid justification for the

permit; or

(F) The activity proposed under the

EFP could create a significant

enforcement problem.

(iv) The decision of a Regional

Director or Director to grant or deny an

EFP is the final action of NMFS. If the

permit, as granted, is significantly

different from the original application,

or is denied, NMFS may publish

notification in the Federal Register

describing the exempted fishing to be

conducted under the EFP or the reasons

for denial.

(v) The Regional Director or Director

may attach terms and conditions to the

EFP consistent with the purpose of the

exempted fishing, including, but not

limited to:

(A) The maximum amount of each

regulated species that can be harvested

and landed during the term of the EFP,

including trip limitations, where

appropriate.

(B) The number, size(s), name(s), and

identification number(s) of the vessel(s)

authorized to conduct fishing activities

under the EFP.

(C) The time(s) and place(s) where

exempted fishing may be conducted.

(D) The type, size, and amount of gear

that may be used by each vessel

operated under the EFP.

(E) The condition that observers, a

vessel monitoring system, or other

electronic equipment be carried on

board vessels operated under an EFP,

and any necessary conditions, such as

predeployment notification

requirements.

(F) Reasonable data reporting

requirements.

(G) Other conditions as may be

necessary to assure compliance with the

purposes of the EFP, consistent with the

objectives of the FMP and other

applicable law.

(H) Provisions for public release of

data obtained under the EFP that are

consistent with NOAA confidentiality of

statistics procedures as set out at part

603 of this chapter. An applicant may be

required to waive the right to

confidentiality of information gathered

while conducting exempted fishing as a

condition of an EFP.

(4) Duration. Unless otherwise

specified in the EFP or a superseding

notice or regulation, an EFP is effective

for no longer than 1 year, unless

revoked, suspended, or modified. EFPs

may be renewed following the

application procedures in this section.

(5) Alteration. Any permit that has

been altered, erased, or mutilated is

invalid.

(6) Transfer. EFPs issued under this

section are not transferable or

assignable. An EFP is valid only for the

vessel(s) for which it is issued.

(7) Inspection. Any EFP issued under

this section must be carried on board

the vessel(s) for which it was issued.

The EFP must be presented for

inspection upon request of any

authorized officer.

(8) Sanctions. Failure of a permittee to

comply with the terms and conditions

of an EFP may be grounds for

revocation, suspension, or modification

of the EFP with respect to all persons

and vessels conducting activities under

the EFP. Any action taken to revoke,

suspend, or modify an EFP for

enforcement purposes will be governed

by 15 CFR part 904, subpart D.

(c) Reports. (1) Persons conducting

scientific research activity are requested

to submit a copy of any cruise report or

other publication created as a result of

the cruise, including the amount,

composition, and disposition of their

catch, to the appropriate Science and

Research Director.

(2) Persons fishing under an EFP are

required to report their catches to the

appropriate Regional Director or

Director, as specified in the EFP.

(d) Exempted educational activities—

(1) General. A NMFS Regional Director

or Director may authorize, for

educational purposes, the target or

incidental harvest of species managed

under an FMP or fishery regulations that

would otherwise be prohibited. The

decision of a Regional Director or

Director to grant or deny an exempted

educational activity authorization is the

final action of NMFS. Exempted

educational activities may not be

conducted unless authorized in writing

by a Regional Director or Director in

accordance with the criteria and

procedures specified in this section.

Such authorization will be issued

without charge.

(2) Application. An applicant for an

exempted educational activity

authorization shall submit to the

appropriate Regional Director or

Director, at least 15 days before the

desired effective date of the

authorization, a written application that

includes, but is not limited to, the

following information.

(i) The date of the application.

(ii) The applicant’s name, mailing

address, and telephone number.

(iii) A brief statement of the purposes

and goals of the exempted educational

activity for which authorization is

requested, including a general

description of the arrangements for

disposition of all species collected.

(iv) Evidence that the sponsoring

institution is a valid educational

institution, such as accreditation by a

recognized national or international

accreditation body.

(v) The scope and duration of the

activity.

(vi) For each vessel to be covered by

the authorization:

(A) A copy of the U.S. Coast Guard

documentation, state license, or

registration of the vessel, or the

information contained on the

appropriate document.

(B) The current name, address, and

telephone number of the owner and

master, if not included on the document

provided for the vessel.

(vii) The species and amounts

expected to be caught during the

exempted educational activity.

(viii) For each vessel covered by the

authorization, the approximate time(s)

and place(s) fishing will take place, and

the type, size, and amount of gear to be

used.

(ix) The signature of the applicant.
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Rules and Regulations 26441

(x) The Regional Director or Director

may request from an applicant

additional information necessary to

make the determinations required under

this section. An incomplete application

will not be considered until corrected in

writing.

(3) Issuance. (i) The Regional Director

or Director, as appropriate, will review

each application and will make a

determination whether the application

contains all of the required information,

is consistent with the goals, objectives,

and requirements of the FMP or

regulations and other applicable law,

and constitutes a valid exempted

educational activity. The applicant will

be notified in writing of the decision

within 5 working days of receipt of the

application.

(ii) The Regional Director or Director

may attach terms and conditions to the

authorization, consistent with the

purpose of the exempted educational

activity, including, but not limited to:

(A) The maximum amount of each

regulated species that may be harvested.

(B) The time(s) and place(s) where the

exempted educational activity may be

conducted.

(C) The type, size, and amount of gear

that may be used by each vessel

operated under the authorization.

(D) Reasonable data reporting

requirements.

(E) Such other conditions as may be

necessary to assure compliance with the

purposes of the authorization,

consistent with the objectives of the

FMP or regulations.

(F) Provisions for public release of

data obtained under the authorization,

consistent with NOAA confidentiality of

statistics procedures at part 603 of this

chapter. An applicant may be required

to waive the right to confidentiality of

information gathered while conducting

exempted educational activity as a

condition of the authorization.

(iii) The authorization will specify the

scope of the authorized activity and will

include, at a minimum, the duration,

vessel(s), species and gear involved in

the activity, as well as any additional

terms and conditions specified under

paragraph (d)(3)(ii) of this section.

(4) Duration. Unless otherwise

specified, authorization for an exempted

educational activity is effective for no

longer than 1 year, unless revoked,

suspended, or modified. Authorizations

may be renewed following the

application procedures in this section.

(5) Alteration. Any authorization that

has been altered, erased, or mutilated is

invalid.

(6) Transfer. Authorizations issued

under this paragraph (d) are not

transferable or assignable.

(7) Inspection. Any authorization

issued under this paragraph (d) must be

carried on board the vessel(s) for which

it was issued or be in possession of the

applicant to which it was issued while

the exempted educational activity is

being conducted. The authorization

must be presented for inspection upon

request of any authorized officer.

Activities that meet the definition of

‘‘fishing,’’ despite an educational

purpose, are fishing. An authorization

may allow covered fishing activities;

however, fishing activities conducted

outside the scope of an authorization for

exempted educational activities are

illegal.

[FR Doc. 96–13288 Filed 5–24–96; 8:45 am]

BILLING CODE 3510–22–P

DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Part 75

RIN 1219–AA11

Safety Standards for Underground

Coal Mine Ventilation

AGENCY: Mine Safety and Health

Administration (MSHA), Labor.

ACTION: Final rule; corrections.

SUMMARY: This document corrects errors

in the final rule for safety standards for

underground coal mine ventilation

which appeared in the Federal Register

on March 11, 1996 (61 FR 9764).

EFFECTIVE DATE: June 10, 1996.

FOR FURTHER INFORMATION CONTACT:

Patricia W. Silvey, Director, Office of

Standards, Regulations, and Variances,

MSHA, (703) 235–1910.

SUPPLEMENTARY INFORMATION:

Background

On March 11, 1996, MSHA published

a final rule to revise its safety standards

for underground coal mine ventilation.

This document corrects several errors

that appeared in the preamble

discussion and in the final rule.

In the preamble discussion to § 75.313

Main mine fan stoppage with persons

underground, on page 9774, the second

column, 25 lines from the bottom, the

phrase ‘‘in nonventilated areas’’

inadvertently appears. This correction

notice deletes the phrase from the

preamble.

The final rule language of § 75.322,

Harmful quantities of noxious gases, is

incorrect. No changes were proposed to

§ 75.322 and the current version of

§ 75.322 that appears in the 1995

compilation of the Code of Federal

Regulations is correct. Therefore,

§ 75.322 is corrected to be the version

that appears in the 1995 compilation of

the Code of Federal Regulations.

The final rule language of § 75.325 Air

quantity, inadvertently omits the last

sentence of existing § 75.325(b). No

changes were proposed to § 75.325(b)

and the current version of § 75.325(b)

that appears in the 1995 compilation of

the Code of Federal Regulations is

correct. Therefore, § 75.325(b) is

corrected to be the version that appears

in the 1995 compilation of the Code of

Federal Regulations.

Paragraph (h) of § 75.333(h)

Ventilation controls, deals with the

maintenance of ventilation controls. In

the preamble and the rule, the word

‘‘permanent’’ inadvertently appears.

This correction notice deletes the word

‘‘permanent’’ from § 75.333(h) and from

the preamble of the rule in the last

sentence of the second column of page

9782. The preamble discussion in

columns 1 and 2 of page 9784 makes it

clear that § 75.333(h) is to apply to

temporary controls as well as permanent

controls, and that the word

‘‘permanent’’ therefore appeared in

error. As correctly stated on page 9784,

‘‘Given the importance of temporary

control devices in providing for

adequate ventilation, the final rule

requires all ventilation controls, both

permanent and temporary, including all

doors and seals, to be maintained to

serve the purpose for which they were

built.’’

The preamble for paragraph (g)(2) of

§ 75.362 On-shift examination, is

inconsistent with the language

appearing in the final rule. This

correction notice clarifies the intent of

the Agency that a certified person must

certify that the examination has been

completed. At page 9799 of the

preamble discussion, the preamble

correctly states that: ‘‘The final rule

deletes the word ‘certified,’ permitting

on-shift examinations of dust controls to

be conducted by one or more persons

who are not certified individuals.

However, the examination must still be

conducted under the direction of a

person designated by the operator and

as set out in paragraph (g)(2), a certified

person must certify that the examination

has been completed * * *.’’ The last

sentence at page 9801 in the preamble

discussion of the rule is inconsistent

with this explanation and this

correction document corrects the

sentence. Also, the word ‘‘certified’’ is

added to the rule.

In the last sentence of the final rule

language of paragraph (a)(2) of § 75.362

On-shift examination, on page 9839, the

second column, the word —additional—