Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Amendment 11, 23386-23387 [E8-9504]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 73, Number 84 (Wednesday, April 30, 2008)]
[Rules and Regulations]
[Pages 23386-23387]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9504]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 071130780-8013-02]
RIN 0648-AU32


Fisheries of the Northeastern United States; Atlantic Sea Scallop 
Fishery; Amendment 11

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

ACTION: Final rule; postponement of effective date.

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SUMMARY: This final rule postpones from June 1, 2008, to July 1, 2008, 
the effective date of the limited access general category (LAGC) 
scallop permit requirements, and specified related requirements, that 
are included in the final rule for Amendment 11 to the Atlantic Sea 
Scallop Fishery Management Plan (Amendment 11). This final rule is 
intended to provide the industry with additional time to comply with 
the new LAGC scallop permit requirements.

DATES: The effective date of the following amendments published on 
April 14, 2008 (73 FR 70090) is delayed from June 1, 2008 to July 1, 
2008: Sec.  648.4(a)(1)(i)(I)(3), (a)(2)(ii), and Sec.  
648.9(c)(2)(i)(D); Sec.  648.10(b)(1)(i), (b)(1)(iii), (b)(1)(iv), and 
(b)(4)(i) through (iv); Sec.  648.14(a)(56), (a)(57), (h)(1), (h)(28), 
and (i); Sec.  648.52; Sec.  648.54(b); Sec.  648.59(b)(5)(ii), 
(c)(5)(ii), (d)(5)(ii), and (e)(4)(ii); and Sec.  648.60(a), 
introductory text, (g)(1) and (2), and (g)(3) introductory text.

ADDRESSES: A final supplemental environmental impact statement (FSEIS) 
was prepared for Amendment 11 that describes the action and other 
considered alternatives and provides a thorough analysis of the impacts 
of the approved measures and alternatives. Copies of Amendment 11 and 
the FSEIS are available on request from Paul J. Howard, Executive 
Director, New England Fishery Management Council (Council), 50 Water 
Street, Newburyport, MA 01950. These documents are also available 
online at: https://www.nero.noaa.gov/nero/hotnews/scallamend11/
 Written comments regarding the burden-hour estimate or other 
aspects of the collection-of-information requirements contained in this 
final rule should be submitted to the Regional Administrator at 1 
Blackburn Drive, Gloucester, MA, 01930, and by e-mail to David_
Rostker@omb.eop.gov, or fax to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Peter Christopher, Fishery Policy 
Analyst, phone 978-281-9288, fax 978-281-9135.

SUPPLEMENTARY INFORMATION: The final rule to implement the measures in 
Amendment 11 was published in the Federal Register on April 14, 2008 
(73 FR 70090). Among the measures established is a requirement that any 
vessel that wishes to fish for scallops under general category rules 
after May 31, 2008, is required to possess an LAGC scallop permit. The 
final rule provided 45 days for the industry to comply with the 
requirement. However, given the time it may take NMFS to review, 
process, and issue a permit once an application is received, this would 
provide very limited time for applicants to complete the permit 
application that has been provided to them. Some vessel owners may also 
need to purchase and install new vessel monitoring systems (VMS) in 
order to comply with the VMS operation and reporting requirements of 
the LAGC scallop permits. As a result, NMFS has determined that 
applicants should be allowed an additional 30 days, through June 30, 
2008, to comply with the requirement to be issued an LAGC scallop 
permit. Because some of the provisions in Amendment 11 are specific to 
vessels issued LAGC scallop permits, the effective date of these 
related measures has been postponed to July 1, 2008, as well. These 
include VMS notification requirements, prohibitions, possession and 
landing limits, the state waters exemption, Sea Scallop Access Area 
provisions, and Sea Scallop Access Area program requirements that are 
applicable to LAGC scallop permits. Without postponing these additional 
restrictions, there would be no applicable restrictions in effect for 
vessels that have an open access general category permit after June 1, 
2008.

Classification

    The Administrator, Northeast Region, NMFS, has determined that 
delaying the effective date of the specified Amendment 11 provisions is 
consistent with the analysis, objectives, and determinations of 
Amendment 11 and the Magnuson-Stevens Fishery Conservation and 
Management Act and other applicable laws.
    This final rule refers to collection-of-information requirements 
subject to the Paperwork Reduction Act (PRA) and which have been 
approved by OMB under control number 0648-0491.
    Public reporting burden for these collections of information are 
estimated to average as follows:
    1. Initial application for an IFQ scallop permit, OMB0648-
0491-30 min per response;
    2. Initial application for an NGOM or Incidental scallop permit, 
OMB 0648-0491-15 min per response;
    3. Completion of ownership cap form for IFQ scallop vessel owners, 
OMB 0648-0491-5 min per response;
    4. Appeal for an LAGC scallop permit and IFQ scallop vessel 
contribution factor, OMB 0648-0491-2 hr per response;
    5. Application for a vessel replacement or confirmation of permit 
history OMB 0648-0491-3 hr per response;
    6. Purchase and installation of a VMS unit for general category 
scallop vessels, OMB 0648-0491-2 hr per response;
    7. IFQ scallop vessel VMS trip notification requirements, OMB 
0648-0491-2 min per response;
    8. NGOM scallop fishery VMS trip notification requirements, OMB 
0648-0491-2 min per response;
    9. Incidental catch vessel VMS trip notification requirements, OMB 
0648-0491-2 min per response;
    10. Pre-landings VMS notification requirements, OMB 0648-
0491-5 min per response;
    11. Application for an IFQ transfer, OMB 0648-0491 -10 min 
per response;
    12. Electronic payment of cost recovery payment, OMB 0648-
0491-2 hr per response;
    13. LAGC scallop fishery sector applications, OMB 0648-
0491-150 hr per response; and
    14. Sector operations plans, OMB 0648-0491-100 hr per 
response.
    These estimates include 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 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.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    Pursuant to 5 U.S.C. 533(b)(B), there is good cause to waive prior 
notice and

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opportunity for public comment on this action. Given the imminence of 
the effective date, seeking prior public comment on this temporary stay 
would have been impracticable, as well as contrary to the public 
interest in the orderly promulgation and implementation of regulations. 
It is unlikely that vessel owners would be able to comply with the 
requirement to be issued a permit by June 1, 2008, despite their best 
efforts. As a result, vessel owners that could not acquire an LAGC 
scallop permit would be prohibited from fishing for scallops, or would 
be subject to enforcement action, through no fault of their own.
    This final rule is exempt from the procedures of the Regulatory 
Flexibility Act because the rule is issued without opportunity for 
prior notice and opportunity for public comment.

    Dated: April 24, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. E8-9504 Filed 4-29-08; 8:45 am]
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