Fisheries in the Western Pacific; Community Development Program Process, 54044-54047 [2010-22077]
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Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Rules and Regulations
7. Regulation Identifier Number (RIN)
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assigns a regulation identifier number
(RIN) to each regulatory action listed in
the Unified Agenda of Federal
Regulations. The Regulatory Information
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year. You may use the RIN contained in
the heading at the beginning of this
document to find this action in the
Unified Agenda.
8. Plain Language
Executive Order 12866 requires each
agency to write all rules in plain
language. Application of the principles
of plain language includes consideration
of the following questions:
b Have we organized the material to
suit the public’s needs?
b Are the requirements in the
proposal clearly stated?
b Does the proposal contain
technical language or jargon that is not
clear?
b Would a different format (grouping
and order of sections, use of headings,
paragraphing) make the rule easier to
understand?
b Would more (but shorter) sections
be better?
b Could we improve clarity by
adding tables, lists, or diagrams?
b What else could we do to make the
proposal easier to understand?
If you have any responses to these
questions, you can forward them to me
several ways:
a. Mail: Carlita Ballard, Office of
International Policy, Fuel Economy and
Consumer Programs, NHTSA, West
Building, 1200 New Jersey Avenue, SE.,
NVS–131, Room W43–439, Washington,
DC 20590.
b. E-mail: carlita.ballard@dot.gov; or
Fax: (202) 493–2990.
List of Subjects in 49 CFR Part 544
Crime insurance, Insurance, Insurance
companies, Motor vehicles, Reporting
and recordkeeping requirements.
■ In consideration of the foregoing, 49
CFR part 544 is amended as follows:
PART 544—[AMENDED]
1. The authority citation for part 544
continues to read as follows:
■
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Authority: 49 U.S.C. 33112; delegation of
authority at 49 CFR 1.50.
2. In § 544.5, paragraph (a), the second
sentence is revised to read as follows:
■
§ 544.5
General requirements for reports.
(a) * * * This report shall contain the
information required by § 544.6 of this
part for the calendar year 3 years
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previous to the year in which the report
is filed (e.g., the report due by October
25, 2010 will contain the required
information for the 2007 calendar year).
*
*
*
*
*
■ 3. Appendix A to part 544 is revised
to read as follows:
Issued on: August 30, 2010.
Joseph S. Carra,
Acting Associate Administrator for
Rulemaking.
Appendix A—Insurers of Motor Vehicle
Insurance Policies Subject to the
Reporting Requirements in Each State
in Which They Do Business
DEPARTMENT OF COMMERCE
Allstate Insurance Group
American Family Insurance Group
American International Group
Auto Club Enterprise Insurance Group
Auto-Owners Insurance Group
Erie Insurance Group
Berkshire Hathaway/GEICO Corporation
Group
California State Auto Group
Hartford Insurance Group
Liberty Mutual Insurance Companies
Metropolitan Life Auto & Home Group
Mercury General Group
Nationwide Group
Progressive Group
Safeco Insurance Companies
State Farm Group
Travelers Companies
USAA Group
Farmers Insurance Group
4. Appendix B to part 544 is revised
to read as follows:
■
Appendix B—Issuers of Motor Vehicle
Insurance Policies Subject to the
Reporting Requirements Only in
Designated States
Alfa Insurance Group (Alabama)
Auto Club (Michigan)
Balboa Insurance Group (South Dakota) 1
Commerce Group, Inc. (Massachusetts)
Kentucky Farm Bureau Group (Kentucky)
New Jersey Manufacturers Group (New
Jersey)
Safety Group (Massachusetts)
Southern Farm Bureau Group (Arkansas,
Mississippi)
Tennessee Farmers Companies (Tennessee)
1 Indicates a newly listed company which
must file a report beginning with the report
due October 25, 2010.
5. Appendix C to part 544 is revised
to read as follows:
■
Appendix C—Motor Vehicle Rental and
Leasing Companies (Including
Licensees and Franchisees) Subject to
the Reporting Requirements of Part 544
Cendant Car Rental
Dollar Thrifty Automotive Group
Enterprise Holding Inc./Enterprise Rent-ACar Company 1
Hertz Rent-A-Car Division (subsidiary of The
Hertz Corporation)
U-Haul International, Inc. (Subsidiary of
AMERCO)
1 Enterprise Rent-A-Car Company acquired
ownership of Vanguard Car Rental USA in
August 2007.
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[FR Doc. 2010–21945 Filed 9–2–10; 8:45 am]
BILLING CODE 4910–59–P
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[Docket No. 0907211157–0327–03]
RIN 0648–AX76
Fisheries in the Western Pacific;
Community Development Program
Process
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This final rule establishes
eligibility requirements and procedures
for reviewing and approving community
development plans for western Pacific
fisheries. The intent of this final rule is
to promote the participation of island
communities in fisheries that they have
traditionally depended upon, but in
which they may not have the
capabilities to support continued and
substantial participation.
DATES: This rule is effective October 4,
2010, except for § 665.20(c), which
contains information collection
requirements that have not yet been
approved by the Office of Management
and Budget (OMB) under the Paperwork
Reduction Act (PRA). When OMB
approval is received, the control number
and the effective date for that
information collection will be published
in the Federal Register.
ADDRESSES: The background and details
of the community development plan
process are described in Amendment 1
to the fishery ecosystem plans for
American Samoa, Hawaii, the Mariana
Archipelago, and western Pacific
pelagic fisheries (the amendment is
identical for each plan), which is
available from the Western Pacific
Fishery Management Council (Council),
1164 Bishop St., Suite 1400, Honolulu,
HI 96813, tel 808–522–8220, fax 808–
522–8226, or www.wpcouncil.org.
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 NMFS, attention
Michael D. Tosatto, 1601 Kapiolani
SUMMARY:
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Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Rules and Regulations
Blvd., Honolulu, HI 96814, and by email to
OIRAlSubmission@omb.eop.gov, or
fax to 202–395–7285.
FOR FURTHER INFORMATION CONTACT:
Jarad Makaiau, NMFS Pacific Islands
Region (PIR), Sustainable Fisheries, tel
808–944–2108.
SUPPLEMENTARY INFORMATION: This
document is also accessible at
www.gpoaccess.gov/fr.
Section 305(i)(2) of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act) authorizes the Council and the
Secretary of Commerce (Secretary),
through NMFS, to establish a western
Pacific community development
program for any fishery under the
authority of the Council and NMFS. The
intent of the program is to provide
western Pacific communities access to
fisheries that they have traditionally
depended upon, but may not have the
capabilities to support continued and
substantial participation in, possibly
due to economic, regulatory, or other
barriers.
In 2002, NMFS published the
eligibility criteria for participating in the
western Pacific community
development program (67 FR 18512;
April 16, 2002), but did not establish a
mechanism to solicit and review
development plans under the program.
To address this, the Council prepared,
and the Secretary approved,
Amendment 1 to the American Samoa,
Hawaii, Marianas, and western Pacific
pelagic fishery ecosystem plans (FEPs)
to establish this process.
This final rule codifies the eligibility
criteria for participating in the program,
and the required content of each
community development plan. The
Council will review each plan to ensure
that it meets the intent of Section
305(i)(2) of the Magnuson-Stevens Act,
and that it contains all required
information. If the requirements are met,
the Council will forward the plan to the
NMFS Regional Administrator for
review. NMFS will then publish a
notice in the Federal Register to solicit
public review of, and comment on, the
community development plan and any
associated environmental review
documents. If the plan is approved,
NMFS will publish a notice in the
Federal Register, describing the plan’s
authorized activities, and any limiting
terms and conditions to ensure proper
management and monitoring of the
fishing activity.
Additional background information
on this final rule may be found in the
preamble to the proposed rule
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published on June 16, 2010 (75 FR
34088), and is not repeated here.
The public comment period for the
proposed rule (75 FR 34088, June 16,
2010) ended on July 20, 2010. NMFS
received one comment and responds as
follows:
Comment: The U.S. Department of the
Interior, Fish and Wildlife Service
(FWS), Pacific Reefs National Wildlife
Refuge Complex, commented that the
FWS has regulatory authority within
eight national wildlife refuges in the
Pacific Remote Island Areas (PRIA),
which are closed to commercial fishing.
In 2002, NMFS and the FWS agreed that
fishing managed through a NMFS
fishery management plan would not be
allowed within a national wildlife
refuge unless specifically authorized by
FWS, regardless of whether the refuge
was established by action of the
President or Secretary of the Interior.
The agreement came about as a result of
FWS concerns associated with the
Fishery Management Plan for Coral Reef
Ecosystems of the Western Pacific
Region and its final Environmental
Impact Statement. As part of this
agreement, NMFS published regulations
in 50 CFR 660.601. The FWS
recommends clarifying that fishing is
not allowed within the boundary of a
national wildlife refuge unless
specifically authorized by the FWS.
Response: The referenced 2002
agreement was limited in scope to the
Coral Reef Ecosystems Fishery
Management Plan and was codified at
50 CFR 600.601. In a final rule
published on January 14, 2010 (75 FR
2198), NMFS redesignated the fishing
regulations for coral reef ecosystem
species in national wildlife refuges from
50 CFR 600.601 to 50 CFR 665.123
(American Samoa), 50 CFR 665.223
(Hawaii), 50 CFR 665.423 (Marianas),
and 50 CFR 665.623 (PRIA). The
prohibition on fishing for coral reef
ecosystem species without FWS
permission remains in the regulations.
Under the FEP amendments, this final
rule establishes only community
development program procedures and
administration as described in the
proposed rule, and does not alter or
amend existing agency authorities.
Changes from the Proposed Rule
In § 665.20(e)(1), (2), and (4),
regarding the review and approval
process, the regulatory language is
clarified for internal consistency.
Classification
The Regional Administrator, PIR,
NMFS, determined that this final rule is
necessary for the conservation and
management of western Pacific
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54045
fisheries, 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. As a result, a
regulatory flexibility analysis was not
required, and none was prepared.
This final rule contains collection-ofinformation requirements subject to the
PRA. These requirements have not yet
been approved by OMB, but such
approval is expected in the near future.
NMFS will publish a notice when these
requirements are cleared by OMB and
are, therefore, effective (see DATES).
The public reporting burden for
developing and submitting a
development plan is estimated to
average six hours 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 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
OIRAlSubmission@omb.eop.gov, or fax
to 202–395–7285.
Because approved plans may be
subject to additional conditions, this
final rule also contains collection-ofinformation requirements subject to the
PRA that have been previously
approved by OMB. NMFS estimates that
it may receive and process up to five (5)
community development plan proposals
each year. Therefore, the additional
estimated burden on western Pacific
community development plan
respondents would not exceed the
currently-approved burden estimates for
the existing PRA collections listed
below:
(1) Approved under 0648–0214,
0648–0577, 0648–0584, 0648–0586, and
0649–0589. (a) PIR logbook family of
forms estimated at 5 minutes (min) per
reporting action; (b) pre-trip and postlanding notifications estimated at 5 min
per reporting action; (c) experimental
fishing reports estimated at 4 hours (hr)
per reporting action; (d) sales and
transshipment reports estimated at 5
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Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Rules and Regulations
min per reporting action; (e) report on
gear left at sea estimated at 5 min per
reporting action; (f) claims for
reimbursement for lost fishing time
estimated at 4 hr per claim; (g) request
for pelagics area closure exemption
estimated at 1 hr per request; and (h)
observer placement meetings estimated
at 1 hr per reporting action. (§§ 665.14,
665.17, 665.105, 665.144, 665.145,
665.205, 665.207, 665.244, 665.247,
665.407, 665.444, 665.445, 665.606,
665.644, 665.645, 665.803, and
665.808.)
(2) Approved under 0648–0360,
0648–0361, 0648–0584, 0648–0586, and
0648–0589. PIR gear marking and vessel
identification (a) estimated at 45 min to
1 hr 15 min per vessel for vessel
identification, and (b) estimated at 2
min for each gear marking. (§§ 665.16,
665.128, 665.228, 665.246, 665.428,
665.628, and 665.804.)
(3) Approved under 0648–0441,
0648–0519, and 0648–0584. PIR vessel
monitoring system (a) installation,
estimated at 4 hr per reporting action;
(b) repair and maintenance, estimated at
2 hr per reporting action; and (c) hourly
automated position reports, estimated at
24 sec per day. (§ 665.19.)
(4) Approved under 0648–0456. PIR
seabird interaction reporting (a) at-sea
notification, estimated at 1 hr per
reporting action; (b) reporting on
recovery data form, estimated at 1 hr per
reporting action; and (c) specimen
tagging, estimated at 30 min per
reporting action. (§ 665.815.)
(5) Approved under 0648–0462. PIR
coral reef logbook reporting (a) at-sea
notification, estimated at 3 min per
reporting action; (b) logbook reporting,
estimated at 30 min per reporting
action; and (c) transshipment reports,
estimated at 15 min per reporting
action. (§§ 665.14, 665.126, 665.226, and
665.426.)
(6) Approved under 0648–0463. PIR
coral reef special permit (a) application,
estimated at 2 hr per application; and
(b) special permit appeals, estimated at
3 hr per appeal. (§§ 665.124, 665.224,
665.424, and 665.624.)
(7) Approved under 0648–0490,
0648–0577, 0648–0584, 0648–0586, and
0649–0589: (a) PIR permit family of
forms estimated at 30 min per permit
action; (b) experimental fishing permits,
estimated at 2 hr per application; and (c)
appeals from permit actions estimated at
2 hr per permit appeal. (§§ 665.13,
665.17, 665.142, 665.162, 665.203,
665.242, 665.262, 665.404, 665.442,
665.462, 665.603, 665.642, 665.662,
665.801, and 665.807.)
Notwithstanding any other provision
of the law, no person is required to
respond to, and no person shall be
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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 50 CFR Part 665
Community development, Fisheries,
Fishing, Western and central Pacific.
Dated: August 30, 2010.
Eric C. Schwaab,
Assistant Administrator for
Fisheries,National Marine Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 665 is amended
as follows:
■
PART 665—FISHERIES IN THE
WESTERN PACIFIC
l. The authority citation for part 665
continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
2. In part 665, add a new § 665.20 to
subpart A read as follows:
■
§ 665.20 Western Pacific Community
Development Program.
(a) General. In accordance with the
criteria and procedures specified in this
section, the Regional Administrator may
authorize the direct or incidental
harvest of management unit species that
would otherwise be prohibited by this
part.
(b) Eligibility. To be eligible to
participate in the western Pacific
community development program, a
community must meet the following
criteria:
(1) Be located in American Samoa,
Guam, Hawaii, or the Northern Mariana
Islands (collectively, the western
Pacific);
(2) Consist of community residents
descended from aboriginal people
indigenous to the western Pacific who
conducted commercial or subsistence
fishing using traditional fishing
practices in the waters of the western
Pacific;
(3) Consist of individuals who reside
in their ancestral homeland;
(4) Have knowledge of customary
practices relevant to fisheries of the
western Pacific;
(5) Have a traditional dependence on
fisheries of the western Pacific;
(6) Are currently experiencing
economic or other constraints that have
prevented full participation in the
western Pacific fisheries and, in recent
years, have not had harvesting,
processing or marketing capability
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sufficient to support substantial
participation in fisheries in the area;
and
(7) Develop and submit a community
development plan to the Council and
the NMFS that meets the requirements
in paragraph (c) of this section.
(c) Community development plan. An
eligible community seeking access to a
fishery under the authority of the
Council and NMFS must submit to the
Council a community development plan
that includes, but is not limited to, the
following information:
(1) A statement of the purposes and
goals of the plan.
(2) A description and justification for
the specific fishing activity being
proposed, including:
(i) Location of the proposed fishing
activity.
(ii) Management unit species to be
harvested, and any potential bycatch.
(iii) Gear type(s) to be used.
(iv) Frequency and duration of the
proposed fishing activity.
(3) A statement describing the degree
of involvement by the indigenous
community members, including the
name, address, telephone and other
contact information of each individual
conducting the proposed fishing
activity.
(4) A description of how the
community and or its members meet
each of the eligibility criteria in
paragraph (b) of this section.
(5) If a vessel is to be used by the
community to conduct fishing activities,
for each vessel:
(i) Vessel name and official number
(USCG documentation, state, territory,
or other registration number).
(ii) Vessel length overall,
displacement, and fish holding capacity.
(iii) Any valid federal fishing permit
number(s).
(iv) Name, address, and telephone
number of the vessel owner(s) and
operator(s).
(d) Council review. The Council will
review each community development
plan to ensure that it meets the intent
of the Magnuson-Stevens Act and
contains all required information. The
Council may consider advice of its
advisory panels in conducting this
review. If the Council finds the
community development plan is
complete, it will transmit the plan to the
Regional Administrator for review.
(e) Agency review and approval. (1)
Upon receipt of a community
development plan from the Council, the
Regional Administrator will review the
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plan for consistency with paragraphs
(b), (c), and (d) of this section, and other
applicable laws. The Regional
Administrator may request from the
applicant additional information
necessary to make the determinations
pursuant to this section and other
applicable laws before proceeding with
the review pursuant to paragraph (e)(2)
of this section.
(2) If the Regional Administrator
determines that a plan contains the
required information and is consistent
with paragraphs (b), (c), and (d) of this
section, and other applicable laws,
NMFS will publish a notice in the
Federal Register to solicit public
comment on the proposed plan and any
associated environmental review
documents. The notice will include the
following:
(i) A description of the fishing activity
to be conducted.
(ii) The current utilization of domestic
annual harvesting and processing
capacity (including existing
experimental harvesting, if any) of the
target, incidental, and bycatch species.
(iii) A summary of any regulations
that would otherwise prohibit the
proposed fishing activity.
(iv) Biological and environmental
information relevant to the plan,
including appropriate statements of
environmental impacts on target and
non-target stocks, marine mammals, and
threatened or endangered species.
(3) Within 90 days from the end of the
comment period on the plan, the
Regional Administrator will notify the
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14:12 Sep 02, 2010
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applicant in writing of the decision to
approve or disapprove the plan.
(4) If disapproved, the Regional
Administrator will provide the reasons
for the plan’s disapproval and provide
the community with the opportunity to
modify the plan and resubmit it for
review. Reasons for disapproval may
include, but are not limited to, the
following:
(i) The applicant failed to disclose
material information or made false
statements related to the plan.
(ii) The harvest would contribute to
overfishing or would hinder the
recovery of an overfished stock,
according to the best scientific
information available.
(iii) The activity would be
inconsistent with an applicable law.
(iv) The activity would create a
significant enforcement, monitoring, or
administrative problem, as determined
by the Regional Administrator.
(5) If approved, the Regional
Administrator will publish a notice of
the authorization in the Federal
Register, and may attach limiting terms
and conditions to the authorization
including, but not limited to, the
following:
(i) The maximum amount of each
management unit species and potential
bycatch species that may be harvested
and landed during the term of the
authorization.
(ii) The number, sizes, names,
identification numbers, and federal
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54047
permit numbers of the vessels
authorized to conduct fishing activities.
(iii) Type, size, and amount of gear
used by each vessel, including trip
limits.
(iv) The times and places where
fishing may or may not be conducted.
(v) Notification, observer, vessel
monitoring, and reporting requirements.
(f) Duration. Unless otherwise
specified, and unless revoked,
suspended, or modified, a plan may be
effective for no longer than five years.
(g) Transfer. Plans authorized under
this section are not transferable or
assignable.
(h) Sanctions. The Regional
Administrator may revoke, suspend or
modify a community development plan
in the case of failure to comply with the
terms and conditions of the plan, any
other applicable provision of this part,
the Magnuson-Stevens Act, or other
applicable laws.
(i) Program review. NMFS and the
Council will periodically review and
assess each plan. If fishery,
environmental, or other conditions have
changed such that the plan’s goals or
requirements are not being met, or the
fishery has become in an overfished
state or overfishing is occurring, the
Regional Administrator may revoke,
suspend, or modify the plan.
[FR Doc. 2010–22077 Filed 9–2–10; 8:45 am]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 75, Number 171 (Friday, September 3, 2010)]
[Rules and Regulations]
[Pages 54044-54047]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22077]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 0907211157-0327-03]
RIN 0648-AX76
Fisheries in the Western Pacific; Community Development Program
Process
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule establishes eligibility requirements and
procedures for reviewing and approving community development plans for
western Pacific fisheries. The intent of this final rule is to promote
the participation of island communities in fisheries that they have
traditionally depended upon, but in which they may not have the
capabilities to support continued and substantial participation.
DATES: This rule is effective October 4, 2010, except for Sec.
665.20(c), which contains information collection requirements that have
not yet been approved by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act (PRA). When OMB approval is received,
the control number and the effective date for that information
collection will be published in the Federal Register.
ADDRESSES: The background and details of the community development plan
process are described in Amendment 1 to the fishery ecosystem plans for
American Samoa, Hawaii, the Mariana Archipelago, and western Pacific
pelagic fisheries (the amendment is identical for each plan), which is
available from the Western Pacific Fishery Management Council
(Council), 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 808-
522-8220, fax 808-522-8226, or www.wpcouncil.org.
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 NMFS, attention Michael D. Tosatto, 1601
Kapiolani
[[Page 54045]]
Blvd., Honolulu, HI 96814, and by e-mail to OIRA_Submission@omb.eop.gov, or fax to 202-395-7285.
FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, NMFS Pacific Islands
Region (PIR), Sustainable Fisheries, tel 808-944-2108.
SUPPLEMENTARY INFORMATION: This document is also accessible at
www.gpoaccess.gov/fr.
Section 305(i)(2) of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) authorizes the Council and the
Secretary of Commerce (Secretary), through NMFS, to establish a western
Pacific community development program for any fishery under the
authority of the Council and NMFS. The intent of the program is to
provide western Pacific communities access to fisheries that they have
traditionally depended upon, but may not have the capabilities to
support continued and substantial participation in, possibly due to
economic, regulatory, or other barriers.
In 2002, NMFS published the eligibility criteria for participating
in the western Pacific community development program (67 FR 18512;
April 16, 2002), but did not establish a mechanism to solicit and
review development plans under the program. To address this, the
Council prepared, and the Secretary approved, Amendment 1 to the
American Samoa, Hawaii, Marianas, and western Pacific pelagic fishery
ecosystem plans (FEPs) to establish this process.
This final rule codifies the eligibility criteria for participating
in the program, and the required content of each community development
plan. The Council will review each plan to ensure that it meets the
intent of Section 305(i)(2) of the Magnuson-Stevens Act, and that it
contains all required information. If the requirements are met, the
Council will forward the plan to the NMFS Regional Administrator for
review. NMFS will then publish a notice in the Federal Register to
solicit public review of, and comment on, the community development
plan and any associated environmental review documents. If the plan is
approved, NMFS will publish a notice in the Federal Register,
describing the plan's authorized activities, and any limiting terms and
conditions to ensure proper management and monitoring of the fishing
activity.
Additional background information on this final rule may be found
in the preamble to the proposed rule published on June 16, 2010 (75 FR
34088), and is not repeated here.
The public comment period for the proposed rule (75 FR 34088, June
16, 2010) ended on July 20, 2010. NMFS received one comment and
responds as follows:
Comment: The U.S. Department of the Interior, Fish and Wildlife
Service (FWS), Pacific Reefs National Wildlife Refuge Complex,
commented that the FWS has regulatory authority within eight national
wildlife refuges in the Pacific Remote Island Areas (PRIA), which are
closed to commercial fishing. In 2002, NMFS and the FWS agreed that
fishing managed through a NMFS fishery management plan would not be
allowed within a national wildlife refuge unless specifically
authorized by FWS, regardless of whether the refuge was established by
action of the President or Secretary of the Interior. The agreement
came about as a result of FWS concerns associated with the Fishery
Management Plan for Coral Reef Ecosystems of the Western Pacific Region
and its final Environmental Impact Statement. As part of this
agreement, NMFS published regulations in 50 CFR 660.601. The FWS
recommends clarifying that fishing is not allowed within the boundary
of a national wildlife refuge unless specifically authorized by the
FWS.
Response: The referenced 2002 agreement was limited in scope to the
Coral Reef Ecosystems Fishery Management Plan and was codified at 50
CFR 600.601. In a final rule published on January 14, 2010 (75 FR
2198), NMFS redesignated the fishing regulations for coral reef
ecosystem species in national wildlife refuges from 50 CFR 600.601 to
50 CFR 665.123 (American Samoa), 50 CFR 665.223 (Hawaii), 50 CFR
665.423 (Marianas), and 50 CFR 665.623 (PRIA). The prohibition on
fishing for coral reef ecosystem species without FWS permission remains
in the regulations. Under the FEP amendments, this final rule
establishes only community development program procedures and
administration as described in the proposed rule, and does not alter or
amend existing agency authorities.
Changes from the Proposed Rule
In Sec. 665.20(e)(1), (2), and (4), regarding the review and
approval process, the regulatory language is clarified for internal
consistency.
Classification
The Regional Administrator, PIR, NMFS, determined that this final
rule is necessary for the conservation and management of western
Pacific fisheries, 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. As a result, a regulatory flexibility
analysis was not required, and none was prepared.
This final rule contains collection-of-information requirements
subject to the PRA. These requirements have not yet been approved by
OMB, but such approval is expected in the near future. NMFS will
publish a notice when these requirements are cleared by OMB and are,
therefore, effective (see DATES).
The public reporting burden for developing and submitting a
development plan is estimated to average six hours 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 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 OIRA_Submission@omb.eop.gov, or fax to 202-395-7285.
Because approved plans may be subject to additional conditions,
this final rule also contains collection-of-information requirements
subject to the PRA that have been previously approved by OMB. NMFS
estimates that it may receive and process up to five (5) community
development plan proposals each year. Therefore, the additional
estimated burden on western Pacific community development plan
respondents would not exceed the currently-approved burden estimates
for the existing PRA collections listed below:
(1) Approved under 0648-0214, 0648-0577, 0648-0584, 0648-0586, and
0649-0589. (a) PIR logbook family of forms estimated at 5 minutes (min)
per reporting action; (b) pre-trip and post-landing notifications
estimated at 5 min per reporting action; (c) experimental fishing
reports estimated at 4 hours (hr) per reporting action; (d) sales and
transshipment reports estimated at 5
[[Page 54046]]
min per reporting action; (e) report on gear left at sea estimated at 5
min per reporting action; (f) claims for reimbursement for lost fishing
time estimated at 4 hr per claim; (g) request for pelagics area closure
exemption estimated at 1 hr per request; and (h) observer placement
meetings estimated at 1 hr per reporting action. (Sec. Sec. 665.14,
665.17, 665.105, 665.144, 665.145, 665.205, 665.207, 665.244, 665.247,
665.407, 665.444, 665.445, 665.606, 665.644, 665.645, 665.803, and
665.808.)
(2) Approved under 0648-0360, 0648-0361, 0648-0584, 0648-0586, and
0648-0589. PIR gear marking and vessel identification (a) estimated at
45 min to 1 hr 15 min per vessel for vessel identification, and (b)
estimated at 2 min for each gear marking. (Sec. Sec. 665.16, 665.128,
665.228, 665.246, 665.428, 665.628, and 665.804.)
(3) Approved under 0648-0441, 0648-0519, and 0648-0584. PIR vessel
monitoring system (a) installation, estimated at 4 hr per reporting
action; (b) repair and maintenance, estimated at 2 hr per reporting
action; and (c) hourly automated position reports, estimated at 24 sec
per day. (Sec. 665.19.)
(4) Approved under 0648-0456. PIR seabird interaction reporting (a)
at-sea notification, estimated at 1 hr per reporting action; (b)
reporting on recovery data form, estimated at 1 hr per reporting
action; and (c) specimen tagging, estimated at 30 min per reporting
action. (Sec. 665.815.)
(5) Approved under 0648-0462. PIR coral reef logbook reporting (a)
at-sea notification, estimated at 3 min per reporting action; (b)
logbook reporting, estimated at 30 min per reporting action; and (c)
transshipment reports, estimated at 15 min per reporting action.
(Sec. Sec. 665.14, 665.126, 665.226, and 665.426.)
(6) Approved under 0648-0463. PIR coral reef special permit (a)
application, estimated at 2 hr per application; and (b) special permit
appeals, estimated at 3 hr per appeal. (Sec. Sec. 665.124, 665.224,
665.424, and 665.624.)
(7) Approved under 0648-0490, 0648-0577, 0648-0584, 0648-0586, and
0649-0589: (a) PIR permit family of forms estimated at 30 min per
permit action; (b) experimental fishing permits, estimated at 2 hr per
application; and (c) appeals from permit actions estimated at 2 hr per
permit appeal. (Sec. Sec. 665.13, 665.17, 665.142, 665.162, 665.203,
665.242, 665.262, 665.404, 665.442, 665.462, 665.603, 665.642, 665.662,
665.801, and 665.807.)
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 50 CFR Part 665
Community development, Fisheries, Fishing, Western and central
Pacific.
Dated: August 30, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries,National Marine Fisheries
Service.
0
For the reasons set out in the preamble, 50 CFR part 665 is amended as
follows:
PART 665--FISHERIES IN THE WESTERN PACIFIC
l. The authority citation for part 665 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In part 665, add a new Sec. 665.20 to subpart A read as follows:
Sec. 665.20 Western Pacific Community Development Program.
(a) General. In accordance with the criteria and procedures
specified in this section, the Regional Administrator may authorize the
direct or incidental harvest of management unit species that would
otherwise be prohibited by this part.
(b) Eligibility. To be eligible to participate in the western
Pacific community development program, a community must meet the
following criteria:
(1) Be located in American Samoa, Guam, Hawaii, or the Northern
Mariana Islands (collectively, the western Pacific);
(2) Consist of community residents descended from aboriginal people
indigenous to the western Pacific who conducted commercial or
subsistence fishing using traditional fishing practices in the waters
of the western Pacific;
(3) Consist of individuals who reside in their ancestral homeland;
(4) Have knowledge of customary practices relevant to fisheries of
the western Pacific;
(5) Have a traditional dependence on fisheries of the western
Pacific;
(6) Are currently experiencing economic or other constraints that
have prevented full participation in the western Pacific fisheries and,
in recent years, have not had harvesting, processing or marketing
capability sufficient to support substantial participation in fisheries
in the area; and
(7) Develop and submit a community development plan to the Council
and the NMFS that meets the requirements in paragraph (c) of this
section.
(c) Community development plan. An eligible community seeking
access to a fishery under the authority of the Council and NMFS must
submit to the Council a community development plan that includes, but
is not limited to, the following information:
(1) A statement of the purposes and goals of the plan.
(2) A description and justification for the specific fishing
activity being proposed, including:
(i) Location of the proposed fishing activity.
(ii) Management unit species to be harvested, and any potential
bycatch.
(iii) Gear type(s) to be used.
(iv) Frequency and duration of the proposed fishing activity.
(3) A statement describing the degree of involvement by the
indigenous community members, including the name, address, telephone
and other contact information of each individual conducting the
proposed fishing activity.
(4) A description of how the community and or its members meet each
of the eligibility criteria in paragraph (b) of this section.
(5) If a vessel is to be used by the community to conduct fishing
activities, for each vessel:
(i) Vessel name and official number (USCG documentation, state,
territory, or other registration number).
(ii) Vessel length overall, displacement, and fish holding
capacity.
(iii) Any valid federal fishing permit number(s).
(iv) Name, address, and telephone number of the vessel owner(s) and
operator(s).
(d) Council review. The Council will review each community
development plan to ensure that it meets the intent of the Magnuson-
Stevens Act and contains all required information. The Council may
consider advice of its advisory panels in conducting this review. If
the Council finds the community development plan is complete, it will
transmit the plan to the Regional Administrator for review.
(e) Agency review and approval. (1) Upon receipt of a community
development plan from the Council, the Regional Administrator will
review the
[[Page 54047]]
plan for consistency with paragraphs (b), (c), and (d) of this section,
and other applicable laws. The Regional Administrator may request from
the applicant additional information necessary to make the
determinations pursuant to this section and other applicable laws
before proceeding with the review pursuant to paragraph (e)(2) of this
section.
(2) If the Regional Administrator determines that a plan contains
the required information and is consistent with paragraphs (b), (c),
and (d) of this section, and other applicable laws, NMFS will publish a
notice in the Federal Register to solicit public comment on the
proposed plan and any associated environmental review documents. The
notice will include the following:
(i) A description of the fishing activity to be conducted.
(ii) The current utilization of domestic annual harvesting and
processing capacity (including existing experimental harvesting, if
any) of the target, incidental, and bycatch species.
(iii) A summary of any regulations that would otherwise prohibit
the proposed fishing activity.
(iv) Biological and environmental information relevant to the plan,
including appropriate statements of environmental impacts on target and
non-target stocks, marine mammals, and threatened or endangered
species.
(3) Within 90 days from the end of the comment period on the plan,
the Regional Administrator will notify the applicant in writing of the
decision to approve or disapprove the plan.
(4) If disapproved, the Regional Administrator will provide the
reasons for the plan's disapproval and provide the community with the
opportunity to modify the plan and resubmit it for review. Reasons for
disapproval may include, but are not limited to, the following:
(i) The applicant failed to disclose material information or made
false statements related to the plan.
(ii) The harvest would contribute to overfishing or would hinder
the recovery of an overfished stock, according to the best scientific
information available.
(iii) The activity would be inconsistent with an applicable law.
(iv) The activity would create a significant enforcement,
monitoring, or administrative problem, as determined by the Regional
Administrator.
(5) If approved, the Regional Administrator will publish a notice
of the authorization in the Federal Register, and may attach limiting
terms and conditions to the authorization including, but not limited
to, the following:
(i) The maximum amount of each management unit species and
potential bycatch species that may be harvested and landed during the
term of the authorization.
(ii) The number, sizes, names, identification numbers, and federal
permit numbers of the vessels authorized to conduct fishing activities.
(iii) Type, size, and amount of gear used by each vessel, including
trip limits.
(iv) The times and places where fishing may or may not be
conducted.
(v) Notification, observer, vessel monitoring, and reporting
requirements.
(f) Duration. Unless otherwise specified, and unless revoked,
suspended, or modified, a plan may be effective for no longer than five
years.
(g) Transfer. Plans authorized under this section are not
transferable or assignable.
(h) Sanctions. The Regional Administrator may revoke, suspend or
modify a community development plan in the case of failure to comply
with the terms and conditions of the plan, any other applicable
provision of this part, the Magnuson-Stevens Act, or other applicable
laws.
(i) Program review. NMFS and the Council will periodically review
and assess each plan. If fishery, environmental, or other conditions
have changed such that the plan's goals or requirements are not being
met, or the fishery has become in an overfished state or overfishing is
occurring, the Regional Administrator may revoke, suspend, or modify
the plan.
[FR Doc. 2010-22077 Filed 9-2-10; 8:45 am]
BILLING CODE 3510-22-S
