Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Surfclam and Ocean Quahog Fishery, 64488-64490 [2012-25982]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 77, Number 204 (Monday, October 22, 2012)]
[Notices]
[Pages 64488-64490]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25982]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-BC21


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Atlantic 
Surfclam and Ocean Quahog Fishery

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

ACTION: Notice; request for comments.

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SUMMARY: The Department of Commerce, as part of its continuing effort 
to reduce paperwork and respondent burden, invites the general public 
and other Federal agencies to take this opportunity to comment on 
proposed information collections, as required by the Paperwork 
Reduction Act of 1995. This request for comments is for information 
collection requirements from a recently published proposed rule 
regarding an action to reopen a portion of the Georges Bank Closed Area 
to the harvest of Atlantic surfclams and ocean quahogs. The full 
details of this action can be found in the proposed rule. This Federal 
Register notice is soliciting comments only on the burden estimates for 
the collection of information requirements under the testing protocol 
and the letter of authorization requirements that are associated with 
the proposed rule.

DATES: Written comments must be submitted on or before November 21, 
2012.

ADDRESSES: You may submit comments, by any of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking portal https://www.regulations.gov.
     Fax: (978) 281-9135, Attn: Jason Berthiaume.
     Mail: John K. Bullard, Regional Administrator, NMFS, 
Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA 
01930. Mark the outside of the envelope: ``Comments on the Collection 
of Information Requirements for the Proposed Reopening of the GB Closed 
Area.''
    Instructions: All comments received are part of the public record 
and will generally be posted to https://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

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submit confidential business information or otherwise sensitive or 
protected information.
    NMFS will accept anonymous comments. Attachments to electronic 
comments will be accepted via Microsoft Word, Microsoft Excel, 
WordPerfect, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Jason Berthiaume, Fishery Management 
Specialist, phone (978) 281-9177, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: 

I. Abstract

    The Georges Bank (GB) Closed Area has been closed to the harvest of 
surfclams and ocean quahogs since 1990 due to red tide blooms that 
cause Paralytic Shellfish Poisoning (PSP). The action associated with 
the collection of information requirements discussed in this Federal 
Register notice, if implemented, would open a portion of the GB Closed 
Area for harvesting surfclams and ocean quahogs, provided harvesting is 
conducted under the terms and conditions of the Protocol for Onboard 
Screening and Dockside Testing in Molluscan Shellfish. The full details 
of this action can be reference in the Federal Register notice that was 
published for the proposed rule (77 FR 53164; August 31, 2012). The 
protocol is designed to test and verify that clams harvested from GB 
are safe for human consumption. The protocol was formally adopted into 
the National Shellfish Sanitation Program at the October 2011 
Interstate Shellfish Sanitation Conference. The protocol includes a 
detailed procedure outlining how shellfish are to be harvested, tested, 
and handled. The PSP testing protocol includes the following 
requirements that require analysis under the Paperwork Reduction Act 
(PRA): Submission of concurrence from the state of landing; maintain 
and submit harvest records; compile and submit laboratory results; 
create and maintain a written onboard lot segregation plan; and provide 
notification prior to unloading.
    Additionally, to monitor and control the harvest of surfclams and 
ocean quahogs from the area, and to ensure vessels adhere to the 
protocol, vessels fishing in the area would be required to apply for 
and obtain a letter of authorization (LOA) from NMFS. The LOA would 
help to ensure that vessels are adhering to the regulations for 
harvesting within the area and would provide a mechanism for NMFS to 
restrict harvesting in the area should a vessel not comply with the 
terms and conditions of the LOA and/or the PSP testing protocol. The 
full protocol is available for viewing at www.nero.noaa.gov/sfd/clams/ApprovedProtocol.pdf.

II. Method of Collection

    In regards to the requirement to obtain an LOA, in 2011, there were 
47 Federal open-access surfclam and/or ocean quahog permitted vessels 
that landed surfclams and/or ocean quahogs that may wish to fish in the 
area proposed to be reopened. Each vessel could apply up to once a 
year, for a maximum of 47 applications. It is expected that each 
application would take 5 minutes to complete, for a fleet maximum of 4 
hours. There is no additional public cost associated with this change 
as the application would be submitted with the previously existing 
annual permit renewal package.
    In regards to the information collection required under the 
protocol, if all of the permitted vessels in 2011 fished in the area, 
there would be a total of 47 entities, as well as 11 states, that would 
be required to adhere to the terms and conditions of the PSP testing 
protocol. While the PSP testing protocol outlines what is required, 
there would be differences in the complexity of the documents as well 
as varying methods of submission. For this PRA analysis, it is assumed 
that the traditional method of submission will be used, physical mail 
at 45 cents per submission; however, it is likely that many submissions 
will be completed electronically and, therefore, the overall cost would 
be reduced.
    The testing protocol requires numerous elements that contain 
collection of information requirements, including elements that are 
submitted to NMFS, as well as to state and private entities. The 
submission of concurrence from state of landing element is required 
only of the state, which would total 11 entities. This submission would 
be in the form of an annual written letter, with a total time burden 
estimate of 11 hr (11 submissions x 1 hr) and would cost $5 (11 
submissions x $0.45).
    The remainder of the requirements in the protocol apply to 
individual vessels, and is based on the maximum number of trips that 
occurred in the area in 2011 (46 trips). Three of these elements would 
require document submission, one of which is an annual submission, and 
the other two which are required on each trip. The result is 4,370 
submissions (((47 x 46) x2) + 46) with a total public cost burden of 
$1,967 (4,370 x $0.45). The offload notification requirement does not 
impose any additional costs, as the notification would be completed 
through a pre-existing email or cellular phone account and is not 
required to be submitted in writing.
    It is estimated that both the requirement to submit and maintain 
harvest records and compile and submit laboratory test results would 
take 30 minutes each to complete. Based on the number of anticipated 
trips into the area, there would be 4,324 submissions and a public 
burden of 2,162 hr (4,324 submissions x 30 min). The element to create 
and maintain a written onboard lot segregation plan is required 
annually and would take approximately 60 min to complete for a public 
burden of 47 hr (47 submissions x 1 hr). The notification element is 
required on each trip and is estimated to take 5 min per notification, 
resulting in 180 hr of burden (2,162 notifications x 5 min). The total 
resulting time burden to the public from all of the requirements to 
fish in the reopened portion of the GB Closed Area is 2,404 hr (4 + 11 
+ 2,162 + 47 + 180).

III. Data

Northeast Region Permit Family of Forms Collection

    OMB Control Number: 0648-0202.
    Form Number: None.
    Type of Review: Regular submission.
    Affected Public: Business and other for-profit organizations.
    Estimated Number of Respondents: 47.
    Estimated Time per Response: 5 min per LOA application.
    Estimated Total Annual Cost to Public: $0 in recordkeeping/
reporting costs
    Surfclam/Ocean Quahog Administration.
    OMB Control Number: 0648-0240.
    Form Number: None.
    Type of Review: Regular submission.
    Affected Public: State, local, or tribal government; business or 
other for-profit organizations.
    Estimated Number of Respondents: 58.
    Estimated Time per Response: 60 min per submission of the 
concurrence from the state of landing; 30 minutes per response to 
maintain and submit harvest records; 30 min per response compile and 
submit laboratory test results; 60 min per response to create and 
maintain a written onboard lot segregation plan; and 5 min per response 
to provide notification prior to unloading
    Estimated Total Annual Cost to Public: $1,972 in recordkeeping/
reporting costs

IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of 
information

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is necessary for the proper performance of the functions of the agency, 
including whether the information shall have practical utility; (b) the 
accuracy of the agency's estimate of the burden (including hours and 
cost) of the proposed collection of information; (c) ways to enhance 
the quality, utility, and clarity of the information to be collected; 
and (d) ways to minimize the burden of the collection of information on 
respondents, including through the use of automated collection 
techniques or other forms of information technology.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval of this information 
collection; they also will become a matter of public record.

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

    Dated: October 16, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs.
[FR Doc. 2012-25982 Filed 10-19-12; 8:45 am]
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