Fisheries of the Northeastern United States; Regulatory Amendment to Modify Recordkeeping and Reporting and Observer Requirements, 20036-20039 [07-1953]
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20036
Federal Register / Vol. 72, No. 77 / Monday, April 23, 2007 / Rules and Regulations
14 CFR Part 399
Recommended Practices that
correspond to these regulations.
Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act
of 1955 (the Act) is intended, among
other things, to curb the practice of
imposing unfunded Federal mandates
on State, local, and tribal governments.
Title II of the Act requires each Federal
agency to prepare a written statement
assessing the effects of any Federal
mandate in a proposed or final agency
rule that may result in an expenditure
of $100 million or more (adjusted
annually for inflation) in any one year
by State, local, and tribal governments,
in the aggregate, or by the private sector;
such a mandate is deemed to be a
‘‘significant regulatory action.’’ This
rule does not contain such a mandate.
The requirements of Title II of the Act,
therefore, do not apply.
Executive Order 13132, Federalism
This action has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13132, dated August 4, 1999 (64 FR
43255). This rule does not have a
substantial direct effect on, or
significant federalism implications for
the States, nor would it limit the
policymaking discretion of the States.
This rule would not directly preempt
any State law or regulation, nor impose
burdens on the States. This action
would not have a significant effect on
the States’ ability to execute traditional
State governmental functions. The
agency has, therefore, determined that
this proposal does not have sufficient
federalism implications to warrant
either the preparation of a federalism
summary impact statement or require
consultations with State and local
governments.
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Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(PRA) (44 U.S.C. 3501 et seq.) requires
Federal agencies to obtain approval
from the Office of Management and
Budget (OMB) for each collection of
information they conduct, sponsor, or
require through regulation. The agency
has determined that the rule would not
impose any additional requirements and
does not change the paperwork
collection that currently exists.
List of Subjects
14 CFR Part 204
Air carriers, Reporting and
recordkeeping requirements.
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Administration practice and
procedure, Air carriers, Consumer
protection.
I For the reasons stated in the preamble,
the Department amends 14 CFR part 204
as set forth below:
PART 204—DATA TO SUPPORT
FITNESS DETERMINATIONS
1. The authority citation for part 204
continues to read as follows:
I
Authority: 49 U.S.C. Chapters 401, 411,
417.
I
2. Revise § 204.1 to read as follows:
§ 204.1
Purpose.
This part sets forth the fitness data
that must be submitted by applicants for
certificate authority, by applicants for
authority to provide service as a
commuter air carrier to an eligible place,
by carriers proposing to provide
essential air transportation, and by
certificated air carriers and commuter
air carriers proposing a substantial
change in operations, ownership, or
management. This part also contains the
procedures and filing requirements
applicable to carriers that hold dormant
authority.
I 3. Revise § 204.2(c)(3) to read as
follows:
§ 204.2
§ 204.5 Certificated and commuter air
carriers undergoing or proposing to
undergo a substantial change in operations,
ownership, or management.
(a) * * *
(2) The change substantially alters the
factors upon which its latest fitness
finding is based, even if no new
authority is required.
*
*
*
*
*
(c) Information filings pursuant to this
section made to support an application
for new or amended certificate authority
shall be filed with the application and
addressed to Docket Operations, M–30,
U.S. Department of Transportation,
Washington, DC 20590, or by electronic
submission at [https://dms.dot.gov].
(d) Information filed in support of a
certificated or commuter air carrier’s
continuing fitness to operate under its
existing authority in light of substantial
changes in its operations, management,
or ownership, including changes that
may affect the air carrier’s citizenship,
shall be addressed to the Chief, Air
Carrier Fitness Division, Office of the
Secretary, U.S. Department of
Transportation, Washington, DC 20590.
Issued in Washington, DC, on April 16,
2007.
Andrew B. Steinberg,
Assistant Secretary for Aviation and
International Affairs.
[FR Doc. E7–7605 Filed 4–20–07; 8:45 am]
BILLING CODE 4910–9X–P
Definitions.
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(c) Citizen of the United States means:
*
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(3) A corporation or association
organized under the laws of the United
States or a State, the District of
Columbia, or a territory or possession of
the United States, of which the
president and at least two-thirds of the
board of directors and other managing
officers are citizens of the United States,
which is under the actual control of
citizens of the United States, and in
which at least 75 percent of the voting
interest is owned or controlled by
persons that are citizens of the United
States.
*
*
*
*
*
I 4. Amend § 204.5 as follows:
I A. Revise paragraph (a)(2) to read as
set forth below;
I B. Amend paragraph (b) to remove the
‘‘s’’ after ‘‘Carrier’’ in the third sentence
in the reference to ‘‘Air Carrier Fitness
Division’’;
I C. Revise paragraph (c) to read as set
forth below; and
I D. Add a new paragraph (d) to read as
set forth below.
The revisions read as follows:
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
15 CFR Part 902
50 CFR Part 648
RIN 0648–AU80
[Docket No. 061016268–7080–02; I.D.
100506E]
Fisheries of the Northeastern United
States; Regulatory Amendment to
Modify Recordkeeping and Reporting
and Observer Requirements
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: NMFS issues this final rule to
implement measures to modify the
existing reporting and recordkeeping
requirements for federally permitted
seafood dealers/processors, and the
observer requirements for participating
hagfish vessels. The New England
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Fishery Management Council (Council)
requested that this information
collection program be developed to
gather additional information on the
unique aspects of the hagfish fishery
and its interaction with other federally
managed fisheries. The information
collected from fishery participants
(dealers/processors and vessels) will
help the Council potentially develop a
Hagfish Fishery Management Plan
(FMP).
DATES: Effective May 23, 2007.
ADDRESSES: Copies of the regulatory
amendment, its Regulatory Impact
Review (RIR) and other supporting
materials are available from Patricia A.
Kurkul, Regional Administrator,
Northeast Region, NMFS, One
Blackburn Drive, Gloucester, MA 01930.
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 Patricia A. Kurkul
at the above address and by e-mail to
DavidlRostker@omb.eop.gov, or by fax
to (202) 395–7285.
FOR FURTHER INFORMATION CONTACT:
Douglas Potts, Fishery Management
Specialist, (978) 281–9341.
SUPPLEMENTARY INFORMATION:
Background
On October 3, 2006, the Council sent
NMFS a request to prepare an
information collection program for the
Atlantic hagfish fishery under the
provisions of section 402(a) of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). The request is
based on a desire to improve upon the
quality and quantity of information
available on the hagfish resource and its
fishery operations. The Council plans to
use this information to determine
whether future management measures
for hagfish under an FMP are necessary.
Without this information collection on
hagfish, future management measures
may not capture accurately the
geographic and seasonal aspects of the
fishery, which reflect overseas demand,
and ensure that the resource may be
sustained in future years. This
collection of information (with changes,
as appropriate) may be extended
through the development and
implementation of a Hagfish FMP.
The Atlantic hagfish (Myxine
glutinosa) fishery in New England was
developed in the early 1990s, with the
first reported landings of around 1
million lb (454 mt) in 1993. Korean
buyers quickly recognized that a fishery
in the New England area could provide
the high-quality hagfish skins used in
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making leather, as well as hagfish meat
for human consumption. Reported
hagfish landings quadrupled during the
first 4 years of the fishery (1993–1996),
exceeding the highest reported landings
in other North American hagfish
fisheries (including British Columbia,
Oregon, Washington, California, and
Nova Scotia) by 1994.
Today, the hagfish fishery relies on
revenues from the export of whole
frozen hagfish product overseas,
primarily to South Korea, for meat
consumption. The hagfish fishery
prosecuted off the coast of Gloucester,
MA has changed from an inshore fishery
comprised of small vessels to an
offshore fishery that consists of large
vessels. According to reports from a
workshop that was held to identify the
challenges in collecting information on
this fishery, the reason for this change
in the way the fishery is being
conducted is that the fishery has
experienced localized depletion in
nearshore waters, necessitating
movement of fishing effort to areas not
historically fished for hagfish.
Dealer/processor Permitting and
Reporting Requirements
To meet the Council’s request for
information, this final rule will require
that all seafood dealers who intend to
purchase hagfish caught in or from the
Exclusive Economic Zone (EEZ) to be
permitted under § 648.6, and to submit,
on a weekly basis, an electronic dealer
report containing the required trip-level
information for each purchase of hagfish
made from fishing vessels, as per the
regulations at § 648.7. Hagfish dealers
will be required to obtain an initial
dealer permit upon implementation of
the hagfish information collection
requirements and to renew the permit
annually thereafter. Reports furnished
by permitted dealers will help
determine the level of discards and
discard mortality of hagfish returned to
the sea in response to rejection by the
dealer in port. In addition, the
collection of dealer purchase reports
will help to verify landings reported in
Vessel Trip Reports (VTRs) for those
vessels that have VTR requirements, and
for those that do not, the dealers will be
required to report vessel identifiers. It is
unlikely that additional dealers will join
the fishery because the fishery is driven
by a narrowly focused export market
(South Korea only) that is currently in
equilibrium with supply. However, this
permitting and reporting requirement
will also enable the identification of any
new vessel and/or dealer entrants into
the fishery.
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20037
Dealer/processor Reports
All federally permitted seafood
dealers subject to this final rule will be
required to complete all sections of the
Annual Processed Products Report
(§ 648.7). The report can be used by the
Council in developing an FMP, to
estimate processing capacity, and to
forecast and subsequently measure the
potential economic impact of fishery
management regulations on fish and
shellfish supplies. Employment data
collected through the report can also be
used to analyze the seasonality of the
fishery.
Observer Requirement
Under the hagfish information
collection program, any vessel owner/
operator that fishes for, catches, or lands
hagfish, or intends to fish for, catch, or
land hagfish in or from the EEZ will be
required to carry an observer when
requested by the Regional Administrator
in accordance with § 648.11. Consistent
with current observer regulations,
hagfish vessel owners/operators will be
required to call to arrange deployment
of NMFS-approved observers on their
vessels and to ensure adequate space for
the observer aboard their vessels, once
requested to carry an observer by the
Regional Administrator. Although the
vessels must call to arrange deployment
of observers, hagfish vessels will not be
required to pay for the observers;
funding of observer coverage for this
fishery will be provided by NMFS.
These requests will be made for the
purpose of monitoring fishing activities,
collecting biological data, and
complying with the information
collection program requirements.
Observers are particularly important
because of the high discard rates that
have been reported to occur in the
hagfish fishery and because the
proportion of the catch that is rejected
by the dealer and later discarded at sea
is not currently measured.
The hagfish observer coverage
objectives will focus on the collection of
basic fleet information and observations
of fishing behavior, including, but not
limited to, the distribution of fishing
effort, number of hauls per trip, area/
depth fished, trip length, soak time,
discard rates of hagfish or other species,
gear type/configuration, and gear
deployment methodology.
Understanding and quantifying the
likelihood of marine mammal and sea
turtle entanglements that may occur in
hagfish gear in the areas fished is also
an important observer program
objective. The configuration of hagfish
gear is similar enough to lobster gear
that it is believed to pose the same or
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similar entanglement threat to large
whales; and there have been two large
whale entanglements documented in the
hagfish fishery: One in 1997 involving
entanglement of a finback whale; and
one in 2002 involving a humpback
whale.
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Comments and Responses
The deadline for comments on the
proposed rule was December 1, 2006.
NMFS received one comment letter that
did not address the proposed rule.
Classification
The Administrator, Northeast Region,
NMFS, determined that this regulatory
amendment is necessary for the
conservation and management of the
hagfish fishery and that it is consistent
with the Magnuson-Stevens Act and
other applicable laws.
This final rule has been determined to
be not 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 or the economic
impacts of this proposed rule. As a
result, a regulatory flexibility analysis
was not required and none was
prepared.
This final rule contains a collectionof-information requirement subject to
the Paperwork Reduction Act (PRA) and
which has been approved by OMB
under control numbers 0648–0018,
0648–0229, and 0648–0555. The
estimated public reporting burden per
individual response for the new and
revised collection of information
requirements related to the hagfish
information collection program are
estimated to average: 2 minutes to
request an observer (OMB #0648–0555);
4 minutes for a dealer purchase report
(OMB #0648–0229); 15 minutes and 5
minutes for initial dealer permit
application/renewal application (OMB
#0648–0555), respectively; and 30
minutes for the Annual Processed
Products Report (OMB #0648–0018).
These reporting burden estimates
include 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
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collection, including suggestions for
reducing the burden, to NMFS (see
ADDRESSES) and by e-mail to
DavidlRostker@omb.eop.gov, 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.
CFR part or section where the
information collection requirement is located
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*
Current
OMB control number
the information (All
numbers
begin with
0648–)
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50 CFR Chapter VI
List of Subjects
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
15 CFR Part 902
Reporting and recordkeeping
requirements.
I
1. The authority citation for part 648
continues to read as follows:
50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: April 13, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
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:
I
Authority: 44 U.S.C. 350 et seq.
2. In § 902.1, the table in paragraph (b)
under ‘‘50 CFR’’ is amended by revising
entries for 648.6 and 648.11, in
numerical order, to read as follows:
I
§ 902.1 OMB control numbers assigned
pursuant to the paperwork Reduction Act
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*
*
CFR part or section where the
information collection requirement is located
*
Current
OMB control number
the information (All
numbers
begin with
0648–)
*
*
*
*
50 CFR
*
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*
*
*
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–0202,
–0555
*
648.6
*
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*
648.11
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–0555
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Definitions.
*
For the reasons set out in the
preamble, 15 CFR chapter IX, part 902,
and 50 CFR chapter VI, part 648, are
amended as follows:
*
2. In § 648.2, a new definition for
‘‘Atlantic hagfish’’ is added, in
alphabetical order, to read as follows:
§ 648.2
I
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Authority: 16 U.S.C. 1801 et seq.
I
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Atlantic hagfish means Myxine
glutinosa.
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I 3. In § 648.6, paragraph (a)(1) is
revised to read as follows:
§ 648.6
Dealer/processor permits.
(a) * * *
(1) All dealers of NE multispecies,
monkfish, skates, Atlantic herring,
Atlantic sea scallop, Atlantic deep-sea
red crab, spiny dogfish, summer
flounder, Atlantic surf clam, ocean
quahog, Atlantic mackerel, squid,
butterfish, scup, bluefish, tilefish, and
black sea bass; Atlantic surf clam and
ocean quahog processors; Atlantic
hagfish dealers and/or processors, and
Atlantic herring processors or dealers,
as described in § 648.2; must have been
issued under this section, and have in
their possession, a valid permit or
permits for these species.
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I 4. In § 648.7, paragraph (a)(3)(iv) is
added to read as follows:
§ 648.7 Recordkeeping and reporting
requirements.
(a) * * *
(3) * * *
(iv) Atlantic hagfish processors must
complete and submit all sections of the
Annual Processed Products Report.
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I 5. In § 648.11, paragraph (a) is revised
to read as follows:
§ 648.11 At-sea sea sampler/observer
coverage.
(a) The Regional Administrator may
request any vessel holding a permit for
Atlantic sea scallops, NE multispecies,
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monkfish, skates, Atlantic mackerel,
squid, butterfish, scup, black sea bass,
bluefish, spiny dogfish, Atlantic herring,
tilefish, or Atlantic deep-sea red crab; or
a moratorium permit for summer
flounder; to carry a NMFS-approved sea
sampler/observer. Also, any vessel or
vessel owner/operator that fishes for,
catches or lands hagfish, or intends to
fish for, catch, or land hagfish in or from
the exclusive economic zone must carry
a NMFS-approved sea sampler/observer
when requested by the Regional
Administrator in accordance with the
requirements of this section.
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[FR Doc. 07–1953 Filed 4–20–07; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1310
[Docket No. DEA–299I]
RIN 1117–AB12
Control of a Chemical Precursor Used
in the Illicit Manufacture of Fentanyl as
a List I Chemical
Drug Enforcement
Administration (DEA), U.S. Department
of Justice.
ACTION: Interim rule with request for
comments.
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AGENCY:
SUMMARY: This rulemaking controls the
chemical N-phenethyl-4-piperidone
(NPP) as a List I chemical under the
Controlled Substances Act (CSA) (21
U.S.C. 801 et seq.). Clandestine
laboratories are using this chemical to
illicitly manufacture the schedule II
controlled substance fentanyl.
The recent distribution of illicitly
manufactured fentanyl has caused an
unprecedented outbreak of hundreds of
suspected fentanyl-related overdoses, at
least 972 confirmed fentanyl-related
deaths, and 162 suspected fentanylrelated deaths occurring mostly in
Delaware, Illinois, Maryland, Michigan,
Missouri, New Jersey, and
Pennsylvania. NPP has been identified
as the starting material in several seized
fentanyl clandestine laboratories. In
addition to DEA’s concern regarding the
deaths associated with illicitly
manufactured fentanyl, DEA is
extremely concerned about the safety of
law enforcement officers encountering
these clandestine laboratories.
Therefore, DEA is regulating NPP as a
List I chemical through this Interim
Rulemaking. DEA is soliciting
comments on this Interim Rule.
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15:21 Apr 20, 2007
Jkt 211001
This rulemaking will subject handlers
of NPP to the chemical regulatory
provisions of the CSA and its
implementing regulations, including 21
CFR Parts 1309, 1310, 1313, and 1316.
This rulemaking does not establish a
threshold for domestic and international
transactions of NPP. As such, all
transactions involving NPP, regardless
of size, shall be regulated. This
rulemaking also specifies that chemical
mixtures containing NPP will not be
exempt from regulatory requirements at
any concentration. Therefore, all
transactions of chemical mixtures
containing any quantity of NPP will be
regulated and will be subject to control
under the CSA.
DATES: This rulemaking will become
effective on April 23, 2007. Persons
seeking registration must apply on or
before June 22, 2007 to continue their
business pending final action by DEA
on their application.
Written comments must be
postmarked, and electronic comments
must be sent on or before June 22, 2007.
ADDRESSES: To ensure proper handling
of comments, please reference ‘‘Docket
No. DEA–299I’’ on all written and
electronic correspondence. Written
comments via regular mail should be
sent to the Deputy Assistant
Administrator, Office of Diversion
Control, Drug Enforcement
Administration, Washington, DC 20537,
Attention: DEA Federal Register
Representative/ODL. Written comments
sent via express mail should be sent to
DEA Headquarters, Attention: DEA
Federal Register Representative/ODL,
2401 Jefferson-Davis Highway,
Alexandria, VA 22301. Comments may
be sent directly to DEA electronically by
sending an electronic message to
dea.diversion.policy@usdoj.gov.
Comments may also be sent
electronically through https://
www.regulations.gov using the
electronic comment form provided on
that site. An electronic copy of this
document is also available at the https://
www.regulations.gov Web site. DEA will
accept attachments to electronic
comments in Microsoft word,
WordPerfect, Adobe PDF, or Excel file
formats only. DEA will not accept any
file formats other than those specifically
listed here.
FOR FURTHER INFORMATION CONTACT:
Christine A. Sannerud, Ph.D., Chief,
Drug and Chemical Evaluation Section,
Office of Diversion Control, Drug
Enforcement Administration,
Washington, DC 20537 at (202) 307–
7183.
SUPPLEMENTARY INFORMATION:
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20039
Background
The DEA is extremely concerned with
the increase in the illicit manufacture
and distribution of fentanyl, which has
resulted in hundreds of fentanyl-related
overdoses and fentanyl-related deaths
across the country. Fentanyl is a
schedule II controlled substance.
Fentanyl and analogues of fentanyl are
the most potent opioids available for
human and veterinary use. Fentanyl
produces opioid effects that are
indistinguishable from morphine or
heroin. However, fentanyl has a greater
potency and a shorter duration of
action. Fentanyl is approximately 50 to
100 times more potent than morphine
and 30 to 50 times more potent than
heroin depending on the physiological
or behavioral endpoints being
measured, the route of administration,
and other factors.
The legitimate medical use of fentanyl
is for anesthesia and analgesia, but
fentanyl’s euphoric effects are highly
sought after by narcotic addicts.
Fentanyl can serve as a direct
pharmacological substitute for heroin in
opioid dependent individuals. However,
fentanyl is a very dangerous substitute
for heroin because the amount that
produces a euphoric effect also induces
respiratory depression. Furthermore,
due to fentanyl’s increased potency over
heroin, illicit drug dealers have trouble
adjusting (‘‘cutting’’) pure fentanyl into
proper dosage concentrations. As a
result, unsuspecting heroin users or
heroin users who know the substance
contains fentanyl have difficulty
determining how much to take to get
their ‘‘high’’ and mistakenly take a
lethal quantity of the fentanyl.
Unfortunately, only a slight excess in
the amount of fentanyl taken can be,
and is often, lethal because the resulting
level of respiratory depression is
sufficient to cause the user to stop
breathing.
In April 2006, DEA issued an officer
safety alert regarding the special
precautions that must be observed when
handling and processing suspected
fentanyl. DEA is concerned with the
unusual health hazards posed to law
enforcement officers and forensic
chemists from exposure to high purity
fentanyl during law enforcement
operations. Since high purity fentanyl
can be fatal if sub-milligram quantities
are accidentally swallowed, inhaled, or
absorbed through the skin, the potential
for lethal fentanyl exposure to law
enforcement officers exists during raids
of fentanyl clandestine laboratories,
during seizures of drug exhibits, and
during subsequent testing of pure
fentanyl in the forensic laboratories. The
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]]>Agencies
[Federal Register Volume 72, Number 77 (Monday, April 23, 2007)]
[Rules and Regulations]
[Pages 20036-20039]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-1953]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Part 648
RIN 0648-AU80
[Docket No. 061016268-7080-02; I.D. 100506E]
Fisheries of the Northeastern United States; Regulatory Amendment
to Modify Recordkeeping and Reporting and Observer Requirements
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to implement measures to modify
the existing reporting and recordkeeping requirements for federally
permitted seafood dealers/processors, and the observer requirements for
participating hagfish vessels. The New England
[[Page 20037]]
Fishery Management Council (Council) requested that this information
collection program be developed to gather additional information on the
unique aspects of the hagfish fishery and its interaction with other
federally managed fisheries. The information collected from fishery
participants (dealers/processors and vessels) will help the Council
potentially develop a Hagfish Fishery Management Plan (FMP).
DATES: Effective May 23, 2007.
ADDRESSES: Copies of the regulatory amendment, its Regulatory Impact
Review (RIR) and other supporting materials are available from Patricia
A. Kurkul, Regional Administrator, Northeast Region, NMFS, One
Blackburn Drive, Gloucester, MA 01930.
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 Patricia A. Kurkul at the above address
and by e-mail to David--Rostker@omb.eop.gov, or by fax to (202) 395-
7285.
FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Management
Specialist, (978) 281-9341.
SUPPLEMENTARY INFORMATION:
Background
On October 3, 2006, the Council sent NMFS a request to prepare an
information collection program for the Atlantic hagfish fishery under
the provisions of section 402(a) of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act). The request is
based on a desire to improve upon the quality and quantity of
information available on the hagfish resource and its fishery
operations. The Council plans to use this information to determine
whether future management measures for hagfish under an FMP are
necessary. Without this information collection on hagfish, future
management measures may not capture accurately the geographic and
seasonal aspects of the fishery, which reflect overseas demand, and
ensure that the resource may be sustained in future years. This
collection of information (with changes, as appropriate) may be
extended through the development and implementation of a Hagfish FMP.
The Atlantic hagfish (Myxine glutinosa) fishery in New England was
developed in the early 1990s, with the first reported landings of
around 1 million lb (454 mt) in 1993. Korean buyers quickly recognized
that a fishery in the New England area could provide the high-quality
hagfish skins used in making leather, as well as hagfish meat for human
consumption. Reported hagfish landings quadrupled during the first 4
years of the fishery (1993-1996), exceeding the highest reported
landings in other North American hagfish fisheries (including British
Columbia, Oregon, Washington, California, and Nova Scotia) by 1994.
Today, the hagfish fishery relies on revenues from the export of
whole frozen hagfish product overseas, primarily to South Korea, for
meat consumption. The hagfish fishery prosecuted off the coast of
Gloucester, MA has changed from an inshore fishery comprised of small
vessels to an offshore fishery that consists of large vessels.
According to reports from a workshop that was held to identify the
challenges in collecting information on this fishery, the reason for
this change in the way the fishery is being conducted is that the
fishery has experienced localized depletion in nearshore waters,
necessitating movement of fishing effort to areas not historically
fished for hagfish.
Dealer/processor Permitting and Reporting Requirements
To meet the Council's request for information, this final rule will
require that all seafood dealers who intend to purchase hagfish caught
in or from the Exclusive Economic Zone (EEZ) to be permitted under
Sec. 648.6, and to submit, on a weekly basis, an electronic dealer
report containing the required trip-level information for each purchase
of hagfish made from fishing vessels, as per the regulations at Sec.
648.7. Hagfish dealers will be required to obtain an initial dealer
permit upon implementation of the hagfish information collection
requirements and to renew the permit annually thereafter. Reports
furnished by permitted dealers will help determine the level of
discards and discard mortality of hagfish returned to the sea in
response to rejection by the dealer in port. In addition, the
collection of dealer purchase reports will help to verify landings
reported in Vessel Trip Reports (VTRs) for those vessels that have VTR
requirements, and for those that do not, the dealers will be required
to report vessel identifiers. It is unlikely that additional dealers
will join the fishery because the fishery is driven by a narrowly
focused export market (South Korea only) that is currently in
equilibrium with supply. However, this permitting and reporting
requirement will also enable the identification of any new vessel and/
or dealer entrants into the fishery.
Dealer/processor Reports
All federally permitted seafood dealers subject to this final rule
will be required to complete all sections of the Annual Processed
Products Report (Sec. 648.7). The report can be used by the Council in
developing an FMP, to estimate processing capacity, and to forecast and
subsequently measure the potential economic impact of fishery
management regulations on fish and shellfish supplies. Employment data
collected through the report can also be used to analyze the
seasonality of the fishery.
Observer Requirement
Under the hagfish information collection program, any vessel owner/
operator that fishes for, catches, or lands hagfish, or intends to fish
for, catch, or land hagfish in or from the EEZ will be required to
carry an observer when requested by the Regional Administrator in
accordance with Sec. 648.11. Consistent with current observer
regulations, hagfish vessel owners/operators will be required to call
to arrange deployment of NMFS-approved observers on their vessels and
to ensure adequate space for the observer aboard their vessels, once
requested to carry an observer by the Regional Administrator. Although
the vessels must call to arrange deployment of observers, hagfish
vessels will not be required to pay for the observers; funding of
observer coverage for this fishery will be provided by NMFS. These
requests will be made for the purpose of monitoring fishing activities,
collecting biological data, and complying with the information
collection program requirements. Observers are particularly important
because of the high discard rates that have been reported to occur in
the hagfish fishery and because the proportion of the catch that is
rejected by the dealer and later discarded at sea is not currently
measured.
The hagfish observer coverage objectives will focus on the
collection of basic fleet information and observations of fishing
behavior, including, but not limited to, the distribution of fishing
effort, number of hauls per trip, area/depth fished, trip length, soak
time, discard rates of hagfish or other species, gear type/
configuration, and gear deployment methodology. Understanding and
quantifying the likelihood of marine mammal and sea turtle
entanglements that may occur in hagfish gear in the areas fished is
also an important observer program objective. The configuration of
hagfish gear is similar enough to lobster gear that it is believed to
pose the same or
[[Page 20038]]
similar entanglement threat to large whales; and there have been two
large whale entanglements documented in the hagfish fishery: One in
1997 involving entanglement of a finback whale; and one in 2002
involving a humpback whale.
Comments and Responses
The deadline for comments on the proposed rule was December 1,
2006. NMFS received one comment letter that did not address the
proposed rule.
Classification
The Administrator, Northeast Region, NMFS, determined that this
regulatory amendment is necessary for the conservation and management
of the hagfish fishery and that it is consistent with the Magnuson-
Stevens Act and other applicable laws.
This final rule has been determined to be not 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 or the economic impacts of this proposed
rule. 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) and which has been
approved by OMB under control numbers 0648-0018, 0648-0229, and 0648-
0555. The estimated public reporting burden per individual response for
the new and revised collection of information requirements related to
the hagfish information collection program are estimated to average: 2
minutes to request an observer (OMB 0648-0555); 4 minutes for
a dealer purchase report (OMB 0648-0229); 15 minutes and 5
minutes for initial dealer permit application/renewal application (OMB
0648-0555), respectively; and 30 minutes for the Annual
Processed Products Report (OMB 0648-0018). These reporting
burden estimates include 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 (see
ADDRESSES) and by e-mail to David--Rostker@omb.eop.gov, 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
15 CFR Part 902
Reporting and recordkeeping requirements.
50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: April 13, 2007.
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 chapter IX, part 902,
and 50 CFR chapter VI, part 648, are amended as follows:
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. 350 et seq.
0
2. In Sec. 902.1, the table in paragraph (b) under ``50 CFR'' is
amended by revising entries for 648.6 and 648.11, in numerical order,
to read as follows:
Sec. 902.1 OMB control numbers assigned pursuant to the paperwork
Reduction Act
* * * * *
------------------------------------------------------------------------
Current OMB control number
CFR part or section where the information the information (All numbers
collection requirement is located begin with 0648-)
------------------------------------------------------------------------
* * * * *
50 CFR ............................
* * * * *
648.6 -0202, -0555
* * * * *
648.11 -0202, -0555
* * * * *
------------------------------------------------------------------------
50 CFR Chapter VI
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.2, a new definition for ``Atlantic hagfish'' is added,
in alphabetical order, to read as follows:
Sec. 648.2 Definitions.
* * * * *
Atlantic hagfish means Myxine glutinosa.
* * * * *
0
3. In Sec. 648.6, paragraph (a)(1) is revised to read as follows:
Sec. 648.6 Dealer/processor permits.
(a) * * *
(1) All dealers of NE multispecies, monkfish, skates, Atlantic
herring, Atlantic sea scallop, Atlantic deep-sea red crab, spiny
dogfish, summer flounder, Atlantic surf clam, ocean quahog, Atlantic
mackerel, squid, butterfish, scup, bluefish, tilefish, and black sea
bass; Atlantic surf clam and ocean quahog processors; Atlantic hagfish
dealers and/or processors, and Atlantic herring processors or dealers,
as described in Sec. 648.2; must have been issued under this section,
and have in their possession, a valid permit or permits for these
species.
* * * * *
0
4. In Sec. 648.7, paragraph (a)(3)(iv) is added to read as follows:
Sec. 648.7 Recordkeeping and reporting requirements.
(a) * * *
(3) * * *
(iv) Atlantic hagfish processors must complete and submit all
sections of the Annual Processed Products Report.
* * * * *
0
5. In Sec. 648.11, paragraph (a) is revised to read as follows:
Sec. 648.11 At-sea sea sampler/observer coverage.
(a) The Regional Administrator may request any vessel holding a
permit for Atlantic sea scallops, NE multispecies,
[[Page 20039]]
monkfish, skates, Atlantic mackerel, squid, butterfish, scup, black sea
bass, bluefish, spiny dogfish, Atlantic herring, tilefish, or Atlantic
deep-sea red crab; or a moratorium permit for summer flounder; to carry
a NMFS-approved sea sampler/observer. Also, any vessel or vessel owner/
operator that fishes for, catches or lands hagfish, or intends to fish
for, catch, or land hagfish in or from the exclusive economic zone must
carry a NMFS-approved sea sampler/observer when requested by the
Regional Administrator in accordance with the requirements of this
section.
* * * * *
[FR Doc. 07-1953 Filed 4-20-07; 8:45 am]
BILLING CODE 3510-22-S
