Fisheries Off West Coast States; Highly Migratory Species Fisheries, 77589-77590 [E8-30242]
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Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Proposed Rules
published in the Federal Register
within 30 days subsequent to the action.
[FR Doc. E8–30237 Filed 12–18–08; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this proposed
rule may be submitted to Rodney R.
McInnis at the address listed above and
by e-mail to
DavidlRostker@omb.eop.gov, or fax to
(202) 395–7285.
[Docket No. 080226308–81499–01]
FOR FURTHER INFORMATION CONTACT:
Chris Fanning, Permits Coordinator,
Sustainable Fisheries Division, NMFS,
562–980–4198.
RIN 0648–AW50
SUPPLEMENTARY INFORMATION:
50 CFR Part 660
Fisheries Off West Coast States;
Highly Migratory Species Fisheries
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
SUMMARY: NMFS issues a proposed 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: Comments must be received by
January 20, 2009.
ADDRESSES: You may submit comments,
identified by 0648–AW50, by any one of
the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal http://
www.regulations.gov
• Fax: 562–980–4047, Attn: Chris
Fanning, Permits Coordinator.
• Mail: Rodney R. McInnis, Regional
Administrator, Southwest Region,
NMFS, 501 West Ocean Blvd., Suite
4200, Long Beach, CA 90802 4213.
Instructions: All comments received
are a part of the public record and will
generally be posted to http://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information. NMFS will
accept anonymous comments (enter N/
A in the required fields if you wish to
remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
VerDate Aug<31>2005
14:41 Dec 18, 2008
Jkt 217001
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. At the
time, there was no cost passed on to the
vessel owners for the preparation and
issuance of the permit. NMFS now
proposes to charge an administrative fee
for the recovery of HMS permit
processing and issuance expenses.
NMFS initiates rulemaking for this
action pursuant to procedures
established at 50 CFR 660.717(d) of the
implementing regulations for the HMS
FMP.
This proposed rule would specify that
an application for an HMS permit,
including the renewal of an existing
permit, would include a fee payable by
the vessel owner. The fee amount
required 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. The
fee amount is expected to be
approximately $30-$40 at this time.
Background
Section 303(b)(1) of the MagnusonStevens Fishery Conservation and
Management Act (MSA), 16 U.S.C.
1853(b)(1), authorizes the inclusion of a
requirement for permit fees in fishery
management plans. Section 304(d) of
the MSA specifies that such fees may
not exceed the administrative costs of
issuing the permits. Historically, only
some fishery management plans have
authorized the collection of permit fees,
resulting in a set of inconsistent permit
fee policies around the country. NMFS
has issued a policy directive (No. 30–
120, effective January 3, 2005 and
renewed in 2007) to establish a more
consistent agency permit program that
recovers the expense of permit
processing and issuance for all permits
issued by NMFS to the extent
authorized by law. Policy directive No.
30–120 is available at: http://
www.nmfs.noaa.gov/directives/.
PO 00000
Frm 00054
Fmt 4702
Sfmt 4702
77589
In this case, the original Fishery
Management Plan for U.S. West Coast
Fisheries for Highly Migratory Species,
as approved by NOAA in 2004, already
included authority to collect permit
fees. NMFS proposes to exercise this
authority through this rulemaking.
Classification
NMFS has determined that this
proposed rule is consistent with the
HMS FMP and preliminarily
determined that this proposed rule is
consistent with the Magnuson-Stevens
Fishery Conservation and Management
Act and other applicable laws, subject to
public review and comment.
Information collection requirements
for HMS Permits have been previously
approved by OMB under the Southwest
Region Family of Forms (OMB Control
Number 0648–0204). This approval is
valid through April 30, 2010. An
amendment to this approved collection
of information has been submitted and
is undergoing review by OMB. The
amendment would incorporate the
permit fee collection component of this
proposed rule, if finalized. 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.
Public comment is sought regarding:
whether this proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information shall have practical utility;
the accuracy of the burden estimate;
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways to minimize the
burden of the collection of information,
including through the use of automated
collection techniques or other forms of
information technology. Send comments
on these or any other aspects of the
collection of information to NMFS
Southwest Region at the ADDRESSES
above, 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.
This proposed rule has been
determined to be significant for
purposes of Executive Order 12866.
E:\FR\FM\19DEP1.SGM
19DEP1
77590
Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Proposed Rules
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration that this
proposed rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities.
The factual basis for this certification is
as follows:
Approximately 1,772 HMS commercial and
recreational charter vessels were permitted
under the HMS FMP to operate off the U.S.
West Coast in 2007, the most recent year for
which annual data are available. These
vessels are considered small business entities
under NAICS Code 114111 with annual per
vessel revenues under $4,000,000. Ex-vessel
revenue for HMS landings on the West Coast
in 2007 was approximately $21,000,000
which equates to an average of approximately
$11,000 per vessel. The anticipated permit
fee amount would be a very minor
VerDate Aug<31>2005
14:41 Dec 18, 2008
Jkt 217001
component of these vessels annual operating
expenses which are estimated to be in the
tens of thousands of dollars.
As a result, an initial regulatory
flexibility analysis is not required and
none has been prepared.
PART 660—FISHERIES OFF THE WEST
COAST STATES
1. The authority citation for part 660
continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
List of Subjects in 50 CFR Part 660
2. A new paragraph (e) is added to
§ 660.707 to read as follows:
Fisheries, Fishing, Reporting and
recordkeeping requirements.
§ 660.707
Dated: December 15, 2008.
John Oliver,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
For the reasons set out in the
preamble, 50 CFR part 660 is proposed
to be amended as follows:
PO 00000
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. E8–30242 Filed 12–18–08; 8:45 am]
BILLING CODE 3510–22–S
Frm 00055
Fmt 4702
Sfmt 4702
E:\FR\FM\19DEP1.SGM
19DEP1
Agencies
[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Proposed Rules]
[Pages 77589-77590]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30242]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 080226308-81499-01]
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: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS issues a proposed 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: Comments must be received by January 20, 2009.
ADDRESSES: You may submit comments, identified by 0648-AW50, by any one
of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal http://www.regulations.gov
Fax: 562-980-4047, Attn: Chris Fanning, Permits
Coordinator.
Mail: Rodney R. McInnis, Regional Administrator, Southwest
Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802
4213.
Instructions: All comments received are a part of the public record
and will generally be posted to http://www.regulations.gov without
change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information. NMFS will accept
anonymous comments (enter N/A in the required fields if you wish to
remain anonymous). Attachments to electronic comments will be accepted
in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
proposed rule may be submitted to Rodney R. McInnis at the address
listed above and by e-mail to David_Rostker@omb.eop.gov, 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. At the time, there was no cost
passed on to the vessel owners for the preparation and issuance of the
permit. NMFS now proposes to charge an administrative fee for the
recovery of HMS permit processing and issuance expenses. NMFS initiates
rulemaking for this action pursuant to procedures established at 50 CFR
660.717(d) of the implementing regulations for the HMS FMP.
This proposed rule would specify that an application for an HMS
permit, including the renewal of an existing permit, would include a
fee payable by the vessel owner. The fee amount required 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. The fee amount is expected to be
approximately $30-$40 at this time.
Background
Section 303(b)(1) of the Magnuson-Stevens Fishery Conservation and
Management Act (MSA), 16 U.S.C. 1853(b)(1), authorizes the inclusion of
a requirement for permit fees in fishery management plans. Section
304(d) of the MSA specifies that such fees may not exceed the
administrative costs of issuing the permits. Historically, only some
fishery management plans have authorized the collection of permit fees,
resulting in a set of inconsistent permit fee policies around the
country. NMFS has issued a policy directive (No. 30-120, effective
January 3, 2005 and renewed in 2007) to establish a more consistent
agency permit program that recovers the expense of permit processing
and issuance for all permits issued by NMFS to the extent authorized by
law. Policy directive No. 30-120 is available at: http://
www.nmfs.noaa.gov/directives/.
In this case, the original Fishery Management Plan for U.S. West
Coast Fisheries for Highly Migratory Species, as approved by NOAA in
2004, already included authority to collect permit fees. NMFS proposes
to exercise this authority through this rulemaking.
Classification
NMFS has determined that this proposed rule is consistent with the
HMS FMP and preliminarily determined that this proposed rule is
consistent with the Magnuson-Stevens Fishery Conservation and
Management Act and other applicable laws, subject to public review and
comment.
Information collection requirements for HMS Permits have been
previously approved by OMB under the Southwest Region Family of Forms
(OMB Control Number 0648-0204). This approval is valid through April
30, 2010. An amendment to this approved collection of information has
been submitted and is undergoing review by OMB. The amendment would
incorporate the permit fee collection component of this proposed rule,
if finalized. 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.
Public comment is sought regarding: whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; the accuracy of the burden estimate; ways to
enhance the quality, utility, and clarity of the information to be
collected; and ways to minimize the burden of the collection of
information, including through the use of automated collection
techniques or other forms of information technology. Send comments on
these or any other aspects of the collection of information to NMFS
Southwest Region at the ADDRESSES above, 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 proposed rule has been determined to be significant for
purposes of Executive Order 12866.
[[Page 77590]]
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The factual basis for this certification is as follows:
Approximately 1,772 HMS commercial and recreational charter
vessels were permitted under the HMS FMP to operate off the U.S.
West Coast in 2007, the most recent year for which annual data are
available. These vessels are considered small business entities
under NAICS Code 114111 with annual per vessel revenues under
$4,000,000. Ex-vessel revenue for HMS landings on the West Coast in
2007 was approximately $21,000,000 which equates to an average of
approximately $11,000 per vessel. The anticipated permit fee amount
would be a very minor component of these vessels annual operating
expenses which are estimated to be in the tens of thousands of
dollars.
As a result, an initial regulatory flexibility analysis is not
required and none has been prepared.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: December 15, 2008.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 660 is
proposed to be amended as follows:
PART 660--FISHERIES OFF THE WEST COAST STATES
1. The authority citation for part 660 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
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. E8-30242 Filed 12-18-08; 8:45 am]
BILLING CODE 3510-22-S