[Federal Register Volume 75, Number 22 (Wednesday, February 3, 2010)]
[Rules and Regulations]
[Pages 5498-5499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2291]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 648

[Docket No. 0907281181-0040-03]
RIN 0648-AX93


Fisheries of the Northeastern United States; Reporting 
Requirement for Midwater Trawl Vessels Fishing in Closed Area I

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

ACTION: Final rule; effectiveness of a collection-of-information 
requirement.

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SUMMARY: NMFS announces approval by the Office of Management and Budget 
(OMB) of a collection-of-information requirement contained in Northeast 
(NE) Multispecies regulations for midwater trawl herring vessels that 
fish in groundfish Closed Area I (CA I). The intent of this final rule 
is to implement these additional reporting requirements.

DATES: This rule is effective March 5, 2010. The amendments to 50 CFR 
648.14(r)(2)(vii) and 648.80(d)(7)(iii)(B), published in the Federal 
Register on November 2, 2009 (74 FR 56562), will become effective on 
March 5, 2010.

ADDRESSES: Written comments regarding the burden-hour estimates or 
other aspects of the collection-of-information requirements contained 
in this final rule may be submitted to the Regional Administrator, NMFS 
Northeast Region, 55 Great Republic Drive, Gloucester, MA 01930 and by 
e-mail to <a href="/cdn-cgi/l/email-protection#367257405f5269645945425d534476595b541853594618515940"><span class="__cf_email__" data-cfemail="652104130c013a370a16110e0017250a08074b000a154b020a13">[email protected]</span></a>, or fax to (202) 395-7285.

FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Policy Analyst, 
(978) 281-9341, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: A final rule implementing modifications to 
the Gulf of Maine/Georges Bank (GOM/GB) Herring Midwater Trawl Gear 
Letter of Authorization (LOA) published in the Federal Register on 
November 2, 2009 (74 FR 56562). The measures contained in the rule were 
effective upon publication, with the exception of new requirements for 
vessel operators to complete and submit a CA I Midwater Trawl Released 
Codend Affidavit. Because OMB approval of the CA I Midwater Trawl 
Released Codend Affidavit had not been received by the date the final 
rule was published, NMFS delayed the effective date of the associated 
reporting requirements. These reporting requirements were detailed in 
the proposed rule (September 4, 2009; 74 FR 45798), with public comment 
accepted through September 27, 2009. All comments received on the 
proposed measures were addressed in the November 2, 2009, final rule 
and are not repeated here.
    On January 4, 2010, OMB approved, without change, the collection-
of-information contained in the CA I Midwater Trawl Released Codend 
Affidavit. Accordingly, effective March 5, 2010, if a vessel issued an 
All Areas and/or an Areas 2 and 3 Limited Access Herring Permit 
releases a net in CA I before the fish can be sampled by the observer, 
the vessel operator must complete and sign a CA I Midwater Trawl 
Released Codend Affidavit, as specified in Sec. Sec.  648.14(r)(2)(vii) 
and 648.80(d)(7)(iii)(B). The CA I Midwater Trawl Released Codend 
Affidavit form includes details of where, when, and why the net was 
released as well as a good-faith estimate of both the total weight of 
fish caught on that tow and the weight of fish released (if the tow had 
been partially pumped). The completed affidavit form must be submitted 
to NMFS within 48 hr of the completion of the trip.
    Under NOAA Administrative Order 205-11, 7.01, dated December 17, 
1990, the Under Secretary of Oceans and Atmosphere has delegated to the 
Assistant Administrator for Fisheries, NOAA, the authority to sign 
material for publication in the Federal Register.

Classification

    There is good cause under 5 U.S.C. Sec.  553(b)(B) to waive prior 
notice and an opportunity for public comment on this action, as notice 
and comment would be unnecessary and contrary to the public interest. 
This reporting requirement was detailed in the September 4, 2009, 
proposed rule, with public comments accepted through September 27, 
2009. This reporting requirement was also detailed in the November 2, 
2009, final rule, which also explained that implementation of the 
requirement was delayed pending OMB approval of the form. Therefore, 
the public has previously been provided with notice of this measure and 
opportunity to comment. Providing additional notice and comment would 
further delay the collection of bycatch discard information. The time 
required for additional notice and public comment would likely delay 
the implementation of this reporting requirement past the period in 
early spring when midwater trawl vessels have historically fished in 
Closed Area I. If this reporting requirement were not in place by that 
time, valuable information on bycatch discard would not be collected. 
The New England Fishery Management Council has expressed an interest in 
using data collected under this program in the current development of 
Amendment 5 to the FMP.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This final rule contains a new collection-of-information 
requirement subject to the Paperwork Reduction Act (PRA). The new 
collection-of-information requirement pertaining to the CA I Midwater 
Trawl Released Codend Affidavit has been approved by OMB under OMB 
control number 0648-0602. Public reporting burden for these 
requirements is estimated to average 5 min per response, 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 these burden estimates or any other aspect 
of this data collection, including suggestions for reducing the burden, 
to NMFS at the ADDRESSES above, and e-mail to <a href="/cdn-cgi/l/email-protection#bbffdacdd2dfe4e9d4c8cfd0dec9fbd4d6d995ded4cb95dcd4cd"><span class="__cf_email__" data-cfemail="226643544b467d704d5156494750624d4f400c474d520c454d54">[email protected]</span></a>, or fax to (202) 395-7285.
    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.

List of Subjects in 15 CFR Part 902

    Reporting and recordkeeping requirements.

    Dated: January 28, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 15 CFR part 902 is amended as 
follows:

[[Page 5499]]

PART 902-NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

0
1. The authority citation for part 902 continues to read as follows:

    Authority: 44 U.S.C. 3501 et seq.

0
2. In Sec.  902.1, the table in paragraph (b) under 50 CFR is amended 
by revising the existing entries for Sec. Sec.  648.14 and 648.80 to 
read as follows:


Sec.  902.1  OMB control number assigned pursuant to the Paperwork 
Reduction Act.

* * * * *
    (b) * * *

------------------------------------------------------------------------
   CFR part or section where the
 information collection requirement    Current OMB control number (All
             is located                   numbers begin with 0648-)
------------------------------------------------------------------------
 
                                * * * * *
50 CFR                               ...................................
 
                                * * * * *
648.14                               -0202, -0212,-0469,-0489, -0501, -
                                      0502, and -0602
 
                                * * * * *
648.80                               -0202, -0422, -0489, -0521, and -
                                      0602
 
                                * * * * *
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[FR Doc. 2010-2291 Filed 2-2-10; 8:45 am]
BILLING CODE 3510-22-S


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