[Federal Register Volume 74, Number 143 (Tuesday, July 28, 2009)]
[Rules and Regulations]
[Pages 37177-37178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17936]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket NO. 080226308-9700-02]
RIN 0648-AW50


Fisheries Off West Coast States; Highly Migratory Species 
Fisheries

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

ACTION: Final rule.

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SUMMARY:  NMFS issues a final rule to initiate collection of a permit 
fee for vessel owners participating in commercial and charter 
recreational fishing for highly migratory species (HMS) in the 
Exclusive Economic Zone (EEZ) off the West Coast of California, Oregon, 
and Washington. The HMS permits are issued under implementing 
regulations for the Fishery Management Plan for U.S. West Coast 
Fisheries for Highly Migratory Species (HMS FMP).

DATES: This final rule is effective August 27, 2009.

ADDRESSES: Rodney R. McInnis, Regional Administrator, Southwest Region, 
NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802 4213. 
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 Southwest Region and by e-mail to <a href="/cdn-cgi/l/email-protection#4004213629241f122f33342b2532002f2d226e252f306e272f36"><span class="__cf_email__" data-cfemail="1e5a7f68777a414c716d6a757b6c5e71737c307b716e30797168">[email protected]</span></a>, or fax to (202) 395-7285.

FOR FURTHER INFORMATION CONTACT: Chris Fanning, Permits Coordinator, 
Sustainable Fisheries Division, NMFS, 562-980-4198.

SUPPLEMENTARY INFORMATION: On April 7, 2004, NMFS published a final 
rule to implement the HMS FMP (69 FR 18444) that included mandatory 
permit requirements at 50 CFR 660.707. The HMS FMP permit requirements 
included authority to collect permit fees which NMFS opted not to 
exercise at that time. NMFS is now exercising the option to charge an 
administrative fee for the recovery of HMS permit processing and 
issuance expenses as authorized under Section 303(b)(1) of the 
Magnuson-Stevens Fishery Conservation and Management Act (MSA), 16 
U.S.C. 1853(b)(1). Section 304(d) of the MSA specifies that such fees 
may not exceed the administrative costs of issuing the permits. This 
final rule specifies that an application for an HMS permit, including 
the renewal of an existing permit, must include a fee payable by the 
vessel owner. The amount of the fee will be determined in accordance 
with the NOAA Finance Handbook available at (http://
www.corporateservices.noaa.gov/~finance/FinanceHandbook.htm) and 
specified on the application form. At this time, the fee amount is 
expected to be approximately $30. The proposed rule to require a permit 
fee was published in the Federal Register on December 19, 2008 (73 FR 
77589), soliciting public comment through January 20, 2009.

Comments and Responses

    NMFS did not receive any public comment on the proposed rule.

Classification

    The Administrator, Southwest Region, NMFS, determined that this 
regulation is necessary for the conservation and management of the U.S. 
West Coast Fisheries for Highly Migratory Species and that it is 
consistent with the Magnuson-Stevens Fishery Conservation and 
Management Act and other applicable laws.
    This final rule has been determined to be significant for purposes 
of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.
    This final rule contains a collection-of-information requirement 
subject to the Paperwork Reduction Act (PRA) which has been approved by 
OMB as an amendment to OMB Control No. 0648-0204. Public reporting 
burden for the payment of HMS permit fees is estimated to average 5 
minutes or less per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection 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 e-mail to <a href="/cdn-cgi/l/email-protection#2165405748457e734e52554a4453614e4c430f444e510f464e57"><span class="__cf_email__" data-cfemail="d397b2a5bab78c81bca0a7b8b6a193bcbeb1fdb6bca3fdb4bca5">[email protected]</span></a>, or fax to (202) 395-7285. Notwithstanding any

[[Page 37178]]

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 PRA, 
unless that collection of information displays a currently valid OMB 
Control Number.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: July 23, 2009.
James W. Balsiger,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

0
For the reasons set out in the preamble, 50 CFR part 660 is amended as 
follows:

PART 660--FISHERIES OFF THE WEST COAST STATES

0
1. The authority citation for part 660 continues to read as follows:

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

0
2. A new paragraph (e) is added to Sec.  660.707 to read as follows:


Sec.  660.707  Permits.

* * * * *
    (e) Fees. An application for a permit, or renewal of an existing 
permit under paragraph (b)(1) of this section will include a fee for 
each vessel. The fee amount required will be calculated in accordance 
with the NOAA Finance Handbook and specified on the application form.

[FR Doc. E9-17936 Filed 7-27-09; 8:45 am]
BILLING CODE 3510-22-S


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