Fisheries of the Exclusive Economic Zone Off Alaska; Revisions to the Economic Data Reports Requirements; Amendment 52 to the Fishery Management Plan for the Commercial King and Tanner Crab Fisheries of the Bering Sea and Aleutian Islands, 7586-7591 [2023-02117]
Download as PDF
7586
Federal Register / Vol. 88, No. 24 / Monday, February 6, 2023 / Rules and Regulations
scope of that authority as it amends the
Class E airspace extending upward from
700 feet above the surface at Austin
Municipal Airport, Austin, MN, to
support instrument flight rule
operations at this airport.
History
The FAA published a notice of
proposed rulemaking in the Federal
Register (87 FR 74050; December 2,
2022) for Docket No. FAA–2022–1464 to
amend the Class E airspace at Austin,
MN. Interested parties were invited to
participate in this rulemaking effort by
submitting written comments on the
proposal to the FAA. No comments
were received.
Class E airspace designations are
published in paragraph 6005 of FAA
Order JO 7400.11G, dated August 19,
2022, and effective September 15, 2022,
which is incorporated by reference in 14
CFR 71.1. The Class E airspace
designations listed in this document
will be published subsequently in FAA
Order JO 7400.11.
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Availability and Summary of
Documents for Incorporation by
Reference
This document amends FAA Order JO
7400.11G, Airspace Designations and
Reporting Points, dated August 19,
2022, and effective September 15, 2022.
FAA Order JO 7400.11G is publicly
available as listed in the ADDRESSES
section of this document. FAA Order JO
7400.11G lists Class A, B, C, D, and E
airspace areas, air traffic service routes,
and reporting points.
The Rule
This amendment to 14 CFR part 71
amends the Class E airspace extending
upward from 700 feet above the surface
to within a 7.3-mile (increased from a
6.3-mile) radius of Austin Municipal
Airport, Austin, MN; removes the
Austin VOR/DME and the associated
extension from the airspace legal
description; and updates the geographic
coordinates of the airport to coincide
with the FAA’s aeronautical database.
This action is due to an airspace
review conducted as part of the
decommissioning of the Austin VOR/
DME which provided navigation
information for the instrument
procedures at this airport.
FAA Order JO 7400.11, Airspace
Designations and Reporting Points, is
published yearly and effective on
September 15.
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
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16:26 Feb 03, 2023
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frequent and routine amendments are
necessary to keep them operationally
current, is non-controversial and
unlikely to result in adverse or negative
comments. It, therefore: (1) is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
(Lat. 43°39′46″ N, long. 92°55′59″ W)
That airspace extending upward from 700
feet above the surface within a 7.3-mile
radius of the Austin Municipal Airport.
Environmental Review
50 CFR Parts 679 and 680
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 5–6.5.a. This airspace action
is not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
Lists of Subjects in 14 CFR 71
Airspace, Incorporation by reference,
Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order JO 7400.11G,
Airspace Designations and Reporting
Points, dated August 19, 2022, and
effective September 15, 2022, is
amended as follows:
■
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
*
*
AGL MN E5 Austin, MN [Amended]
Austin Municipal Airport, MN
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Issued in Fort Worth, Texas, on February
1, 2023.
Martin A. Skinner,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. 2023–02404 Filed 2–3–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
15 CFR Part 902
[Docket No.: 230111–0005]
RIN 0648–BL50
Fisheries of the Exclusive Economic
Zone Off Alaska; Revisions to the
Economic Data Reports Requirements;
Amendment 52 to the Fishery
Management Plan for the Commercial
King and Tanner Crab Fisheries of the
Bering Sea and Aleutian Islands
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues regulations to
implement Amendment 52 to the
Fishery Management Plan for the
Commercial King and Tanner Crab
Fisheries of the Bering Sea and Aleutian
Islands (Crab FMP) and a regulatory
amendment to revise regulations on
Economic Data Reports (EDR)
requirements for groundfish and crab
fisheries off Alaska. This final rule
removes third party data verification
audits and blind formatting
requirements from the Bering Sea and
Aleutian Islands (BSAI) crab fisheries
EDR, the Bering Sea American Fisheries
Act (AFA) pollock fishery Chinook
Salmon EDR, and the BSAI Amendment
80 fisheries EDR. This action also
eliminates the EDR requirements for the
Gulf of Alaska (GOA) trawl fisheries.
This final rule is intended to promote
the goals and objectives of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), the Crab FMP,
the Fishery Management Plans for
Groundfish of the Gulf of Alaska
Management Area (GOA FMP) and for
the Groundfish of the BSAI Management
SUMMARY:
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Area (BSAI FMP), and other applicable
laws.
DATES: Effective March 8, 2023.
ADDRESSES: Electronic copies of
Amendment 52 to the Crab FMP, the
Regulatory Impact Review (referred to as
the ‘‘Analysis’’), and the Categorical
Exclusion prepared for this rule may be
obtained from https://
www.regulations.gov or from the NMFS
Alaska Region website at https://
www.fisheries.noaa.gov/region/alaska.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this final rule
may be submitted by mail to NMFS
Alaska Region, P.O. Box 21668, Juneau,
AK 99802–1668, Attn: Assistant
Regional Administrator, Sustainable
Fisheries Division; and to
www.reginfo.gov/public/do/PRAMain.
Find the particular information
collection by selecting ‘‘Currently under
30-day Review—Open for Public’’ or by
using the search function.
FOR FURTHER INFORMATION CONTACT:
Scott A. Miller 907–586–7416.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fisheries in the
exclusive economic zone (EEZ) off
Alaska under the BSAI FMP and the
GOA FMP. NMFS manages the king and
Tanner crab fisheries in the United
States EEZ of the BSAI under the Crab
FMP. The North Pacific Fishery
Management Council (Council)
prepared, and NMFS approved, the
BSAI FMP, the GOA FMP, and the Crab
FMP under the authority of the
Magnuson-Stevens Act, 16 U.S.C. 1801
et seq.
A notice of availability for
Amendment 52 to the Crab FMP was
published in the Federal Register on
October 6, 2022, with comments invited
through December 5, 2022 (87 FR
60638). The proposed rule to implement
Amendment 52 and the regulatory
amendments was published in the
Federal Register on November 1, 2022,
with comments invited through
December 1, 2022 (87 FR 65724). NMFS
received one comment letter from one
member of the public. The comment is
summarized and responded to under the
heading ‘‘Comments and Responses’’
below.
A detailed review of the provisions
and rationale for this action is provided
in the preamble to the proposed rule
and is briefly summarized in this final
rule.
Background
Four EDR data collection programs
are in place for crab and groundfish
fisheries in the EEZ off Alaska. These
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programs impose mandatory annual
data reporting requirements for
regulated entities participating in the
BSAI Crab Rationalization (CR)
fisheries, the AFA pollock fishery, the
BSAI Amendment 80 fisheries, and the
GOA trawl fisheries. The purposes of
EDRs are to gather data and information
to improve the analyses developed by
the Council on the social and economic
effects of the catch share or
rationalization programs, to understand
the economic performance of
participants in these programs, and to
help estimate impacts of future issues,
problems, or revisions to the programs
covered by the EDRs.
CR Program EDR
The Crab EDR was implemented
concurrently with the CR Program
under Amendments 18 and 19 of the
BSAI Crab FMP (70 FR 10174, March 2,
2005). The rule requiring the Crab EDR
submission was codified in 50 CFR
680.6, which retroactively required
participants to submit EDR forms for
1998, 2001, and 2004 calendar year
operations by June 1, 2005, as well as to
submit an annual Crab EDR form for
calendar year 2005 and thereafter by
May 1 of each following year.
Amendment 42 (78 FR 36122, June 17,
2013) revised annual Crab EDR
reporting requirements in order to
eliminate redundant reporting
requirements, standardize reporting
across participants, and reduce costs
associated with data collection. The
amended rule extended the annual
submission deadline to July 31.
The reporting requirements for the
Crab EDR apply to owners and
leaseholders of catcher vessels (CVs)
and catcher/processors (CPs) with
landings of BSAI CR crab, including
Community Development Quota (CDQ)
allocated crab, and owners and
leaseholders of Registered Crab
Receivers (RCRs) who purchase and/or
process landed BSAI CR crab during a
calendar year. For all groups, the annual
submission requirement is imposed on
CR crab program participants who
harvest, purchase, or process CR crab.
The Crab EDR consists of reporting
forms developed for three respective
sectors: the Crab CV EDR, Crab
processor EDR, and the Crab CP EDR.
The CV and processor forms collect
distinct sets of data elements, with the
CP form combining all data elements
collected in the CV form and applicable
elements from the processor form. A
complete list of the data elements for
each of the forms is in Section 3.2 of the
Analysis (see ADDRESSES).
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Amendment 80 EDR
The Amendment 80 EDR was
implemented on January 20, 2008 (72
FR 52668, September 14, 2007) as part
of the Amendment 80 management
program and codified in regulation at 50
CFR 679.94. Amendment 80 allocated
several BSAI non-pollock trawl
groundfish species among trawl fishery
sectors and facilitated the formation of
harvesting cooperatives in the non-AFA
trawl CP sector. The initial Amendment
80 EDR submissions were due June 1,
2009, reporting data for the 2008
calendar year. The Amendment 80 EDR
reporting requirements applied to all
Amendment 80 Quota Share (QS)
permit holders. Permit holders who
actively operated an Amendment 80
vessel were required to complete the
entire EDR form, while QS permit
holders who did not operate a vessel
were required to complete portions of
the form pertaining to QS permit sale or
lease costs and revenues.
When the GOA Trawl EDR program
was implemented for both CV and CP
participants, it amended the
Amendment 80 EDR at 50 CFR 679.94
to include the CPs participating in GOA
trawl fisheries. It also changed the name
of the form from the Amendment 80
EDR to the Annual Trawl CP EDR.
Additional reporting elements specific
to GOA Trawl CPs were added to the
form. The rule also extended the
requirement to complete all portions of
the EDR form to owners and
leaseholders of any vessel named on a
License Limitation Program (LLP)
groundfish license authorizing a CP
using trawl gear to harvest and process
LLP groundfish species in the GOA. The
association between the GOA Trawl (CV
and shoreside processor) EDR and
Annual Trawl CP EDR has resulted in
confusion. For the sake of clarity, in this
final rule, the EDR currently specified
under 50 CFR 679.94 is referenced as
the Amendment 80 EDR (rather than the
Annual Trawl CP EDR), and the EDR
under 50 CFR 679.110(a)(1) and (2) is
referenced as the GOA Trawl EDR; any
relevant distinctions or overlaps are
described as needed.
The Amendment 80 EDR form has
been submitted annually by
Amendment 80 QS holders since 2008.
A complete list of the data elements for
each of the forms is in Section 3.2 of the
Analysis (see ADDRESSES).
GOA Trawl EDR
The GOA Trawl EDR was
implemented on January 1, 2015 (79 FR
71313, December 2, 2014) and codified
in regulation at 50 CFR 679.110. The
initial GOA Trawl EDR submissions
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were due June 1, 2016, for reporting
2015 calendar year data. The GOA
Trawl EDR was implemented to collect
relevant baseline information that could
be used to assess the impacts of a future
catch share program on affected
harvesters, processors, and communities
in the GOA. However, Council action on
a catch share program that addressed
issues with GOA bycatch management
was suspended in December 2016, and
no catch share program exists for GOA
harvesters, processors, and
communities.
The intended submitters for the GOA
Trawl EDR includes owners and
leaseholders of CVs and CPs active in
the Central and Western GOA
groundfish trawl fishery and operators
of shoreside processing facilities that
receive groundfish catch from the GOA.
The EDR consists of two distinct EDR
forms, the GOA Trawl CV EDR and GOA
Shoreside Processor EDR. An additional
EDR form overlaps with the
Amendment 80 EDR, as described
above.
The GOA Trawl CV EDR form is
required for all trawl CVs that harvested
groundfish in the GOA during the
previous year. The GOA Shoreside
Processor EDR form is required for all
shore-based processors that receive and
process groundfish from GOA trawl
fisheries. The Annual Trawl CP EDR
form is required for all vessel owners
and leaseholders that catch and process
groundfish in the GOA trawl fisheries.
A complete list of the data elements for
each of the forms is in Section 3.2 of the
Analysis (see ADDRESSES).
Amendment 91 Chinook Salmon EDR
The Amendment 91 EDR and
additional record keeping and reporting
requirements associated with
monitoring of Chinook salmon bycatch
avoidance measures for the AFA pollock
fishery were implemented concurrently
on March 5, 2012 (77 FR 5389, February
3, 2012). The implementation of the
Amendment 91 EDR occurred
approximately 17 months after
Amendment 91 (75 FR 53026, August
30, 2010) went into effect. The initial
submission of EDR forms required
under 50 CFR 679.65 were due on June
1, 2013, reporting data for the 2012
calendar year. The Amendment 91 EDR
was implemented to provide additional
data to assess the effectiveness of the
Chinook salmon bycatch management
measures in the Bering Sea (BS) pollock
fishery.
The Amendment 91 EDR reporting
requirement applies to owners and
leaseholders of AFA CVs, CPs, and
motherships active in the BS pollock
fishery and to entities eligible to receive
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Chinook salmon Prohibited Species
Catch (PSC) allocation, including AFA
in-shore sector harvest cooperative
representatives, sector-based Incentive
Plan Agreement representatives, and
CDQ group representatives. In addition,
vessel masters who actively participate
in the AFA pollock fishery are required
to complete the Amendment 91 Vessel
Master Survey form and NMFS allows
the owner or leaseholder of the vessel to
submit this information, from multiple
vessel masters, electronically to reduce
respondent burden.
The Amendment 91 EDR program
consists of three separate forms: the
Compensated Transfer Report (CTR), the
Vessel Fuel Survey, and the Vessel
Master Survey. The CTR collects
transaction data on all compensated
transfers of Chinook PSC by participants
in the AFA fishery. The CTR is to be
completed by all entities participating
as lessor or lessee in compensated
transfers of Chinook PSC. However, no
such transactions have ever been
reported. The Vessel Fuel Survey form
is required for all AFA vessels that
harvested BSAI pollock during the
previous year and collects information
about the vessel’s average fuel
consumption, the total amount in
gallons of fuel loaded onto the vessel,
and total annual fuel cost. The Vessel
Master Survey form is used to determine
the fishing and bycatch conditions
observed during the BSAI pollock
fishery and factors that motivated
Chinook salmon bycatch avoidance. A
complete list of the data elements for
each of the forms is in Section 3.2 of the
Analysis (see ADDRESSES).
History and Need for This Action
The Council developed this action
beginning in February 2018 and made
its final recommendation to NMFS after
considerable public input in February
2022. This action removes third party
data verification audits and blind
formatting requirements from the Bering
Sea and Aleutian Islands (BSAI) crab
fisheries EDR, the Bering Sea American
Fisheries Act (AFA) pollock fishery
Chinook Salmon EDR (Amendment 91
EDR), and the BSAI Amendment 80
fisheries EDR, and eliminates the EDR
requirements for the Gulf of Alaska
(GOA) trawl fisheries. Removing the
third party audit requirements reduces
costs incurred for NMFS to administer
the EDR program and associated cost
recovery fees paid by industry while
maintaining data quality due to the
automated EDR data verification
procedures that remain in place.
Additionally, enforcement provisions
exist for all recordkeeping and reporting
requirements, including the EDR
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program. A detailed explanation of the
history of this action and need for this
action is provided in the preamble to
the proposed rule and not repeated here
(87 FR 65724, November 1, 2022).
Final Rule
This final rule removes or revises
regulations at 50 CFR parts 679 and 680.
This final rule removes third-party data
verification audits for the Crab EDR, the
Amendment 91 EDR, and the
Amendment 80 EDR and removes blind
formatting requirements for the Crab
EDR. This action also eliminates the
GOA Trawl EDR requirements.
Eliminating Data Verification Audits
This final rule removes the data
verification audit requirements at
§ 679.65(e), § 679.94(b), and § 680.6(f).
Removal of the audit authorization
eliminates the need for the data
collection agent (DCA) to contract with
a third-party auditor to conduct the
audit portion of the data verification.
EDR data verification currently employs
a series of mainly automated validation
procedures, including an audit process
with the DCA. Except for removal of the
audit process, these data validation
procedures remain and continue to
ensure the data reported are error-free.
Enforcement actions will continue in
cases of noncompliance with the EDR
provisions as part of normal
enforcement of recordkeeping and
reporting requirements.
This final rule also removes the
definitions for ‘‘Designated data
collection auditor’’ at § 679.2 and
‘‘Auditor’’ at § 680.2. Because this final
rule removes the EDR audit
requirements, these definitions are no
longer needed.
Eliminating Blind Formatting
This final rule removes the definitions
for ‘‘Blind data’’ at § 679.2 and § 680.2.
Both definitions describe the required
formatting process to remove the
personal identifiers to the data collected
from the EDRs. The identifiers include
Federal fisheries permit numbers and
State of Alaska vessel registration
numbers that are essential data elements
to analysts when developing reports and
documents based on EDR data.
Removing the blind formatting
requirements makes the data
aggregations and confidentiality
protections for the Crab EDR
comparable to the requirements under
the other EDR programs. It also
increases the usability and access to the
EDR data for Council and NMFS
analysts.
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Eliminating the GOA Trawl EDR
This final rule removes and reserves
Subpart J—Gulf of Alaska Trawl
Economic Data. The original purpose of
the GOA Trawl EDR was to establish a
baseline information collection that
could be used to assess the impacts of
a catch share program. However, no
catch share program has been developed
to date or is currently contemplated.
The original need for this data
collection program has diminished
since 2016 when the Council suspended
work on a possible GOA catch share
program, calling into question the
efficacy of continuing the program.
Eliminating the GOA Trawl EDR
removes compliance costs for industry
as well as agency costs, as the GOA
Trawl fishery is not managed under a
catch share program subject to cost
recovery.
This final rule also revises the section
heading at § 679.94 and revises
§ 679.94(a)(1) to remove GOA Trawl CPs
from the requirement to submit the
Amendment 80 EDR form. When the
GOA Trawl EDR program was
implemented, it required owners and
leaseholders of any vessel named on an
LLP groundfish license authorizing a CP
using trawl gear to harvest and process
LLP groundfish species in the GOA to
complete all portions of the Amendment
80 EDR form. This final rule limits the
Amendment 80 EDR requirement to
Amendment 80 QS permit holders
alone.
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Comments and Responses
NMFS received one unique comment
from one member of the public on the
proposed rule.
Comment 1: The commenter asserts
that removing data verification allows
increasing corruption in management of
the North Pacific fishery. The
commenter further asserts that corrupt
management by this agency will result
in fish species going extinct and further
asserts that this has happened in most
areas managed by this agency. The
commenter further asserts that the
commercial fishing industry has undue
influence in the management process
and that management of the public
resource is being compromised by
excessive quotas resulting in starvation,
and human predation, of marine
mammals. Finally, the commenter
asserts that there is no environmental
conservation occurring, that there is no
reason for this action, and that the
action is objectionable.
Response: NMFS acknowledges the
comment regarding the proposed rule’s
inadvertent removal of the DCA data
verification process in regulatory text
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edits. In accordance with the proposed
rule’s goal, this final rule revises the
regulations to remove only the
authorization for data verification
audits. This final rule retains data
verification regulations and data
verification procedures remain in place.
This final rule eliminates the automated
audits of EDR submissions, as analysis
has shown that no data verification
audit, over the entire history of the EDR
program, has resulted in a finding of
noncompliance. The remainder of the
comment is outside of the scope of this
action. This final rule addresses the
collection of EDR data and is not
intended to broadly manage commercial
or subsistence fisheries. NMFS manages
commercial, recreational, and
subsistence fisheries consistent with the
provisions of the Magnuson-Stevens Act
and other applicable law.
Changes From Proposed to Final Rule
NMFS made three changes to the final
rule that are related to both the
comment received on the proposed rule
and internal review. Namely, this final
rule corrects inadvertent errors in the
regulatory text included in the proposed
rule. The preamble to the proposed rule
accurately stated that, except for the
audit component, the data verification
process would remain in place. And,
indeed, the Council did not recommend
removal of the data verification process
by the DCA and the Analysis prepared
in support of this action specifically
indicates that the data verification
procedures will continue. But the
proposed rule regulatory text edits
inadvertently proposed deleting data
verification processes that were meant
to remain in place. This final rule
corrects those errors as further detailed
below.
First, in § 679.65, which describes the
Chinook Salmon EDR program, NMFS
inadvertently proposed deleting the
entirety of paragraph (e), which
includes regulation text describing both
the EDR verification and audit
procedures. This final rule revises the
introductory text to paragraph (e) to
remove the references to audit
procedures and the associated
designated data collection auditor
(DDCA). Paragraph (e)(1) is revised to
change the reference to the DDCA to the
DCA; paragraph (e)(2), which describes
the audit process, is removed. Second,
in § 679.94, NMFS inadvertently
proposed removing the entirety of
paragraph (b), which includes
regulations pertaining to both the EDR
verification process and the audit
process. This final rule revises
paragraph (b)(1) and (2) to remove only
the reference to the DDCA; paragraph
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7589
(b)(3), which describes the audit
process, is removed. Third, NMFS
inadvertently proposed removing the
entirety of §§ 680.6(f) and (g). This final
rule removes only paragraph (f)(3), in
order to remove the requirement to
provide copies of additional data to the
DDCA. Removal of paragraph (f)(3) is
consistent with the removal of the third
party audit process. Paragraph (g)
remains unchanged from the proposed
rule and provides the DCA with the
authorization to request voluntary
submission of economic data that may
be used in the data verification process,
which will remain in place after the
removal of the third party audit process.
Other Regulatory Changes
This final rule revises regulations at
§§ 680.6(a)(2), (a)(3), (c), (d), (e)(1), and
(e)(2) to update the instructions for
submitting Crab EDR forms to be
consistent with the submission
instructions for the Amendment 80 EDR
implemented in 2008.
OMB Revisions to PRA References in 15
CFR 902.1(b)
Section 3507(c)(B)(i) of the Paperwork
Reduction Act (PRA) requires that
agencies inventory and display a current
control number assigned by the Director
of the Office of Management and Budget
(OMB) for each agency’s information
collection. Section 902.1(b) identifies
the location of NOAA regulations for
which OMB approval numbers have
been issued. Because this rule
discontinued the collection-ofinformation for OMB Control Number
0648–0700 and removes § 679.110, 15
CFR 902.1(b) is revised to correctly
reference these changes.
Classification
Pursuant to sections 304(b) and 305(d)
of the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this final rule is consistent with the
FMPs, other provisions of the
Magnuson-Stevens Act, and other
applicable law.
This final rule has been determined to
be not significant for the purposes of
Executive Order 12866.
Certification Under the Regulatory
Flexibility Act
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.
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Federal Register / Vol. 88, No. 24 / Monday, February 6, 2023 / Rules and Regulations
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
Regulatory Impact Review
A Regulatory Impact Review was
prepared to assess all costs and benefits
of available regulatory alternatives. A
copy of this analysis is available from
NMFS (see ADDRESSES). The Council
recommended Amendment 52 and the
regulatory revisions in this final rule
based on those measures that
maximized net benefits to the Nation.
Specific aspects of the economic
analysis are discussed above in the
Certification under the Regulatory
Flexibility Act section.
DDrumheller on DSK120RN23PROD with RULES
Collection-of-Information Requirements
This final rule contains information
collection requirements subject to the
PRA and which have been approved by
the Office of Management and Budget
OMB. OMB has approved discontinuing
OMB Control Number 0648–0700 (Gulf
of Alaska Catcher Vessel and Processor
Trawl EDR), which covered the
economic data collection requirements
for the GOA Trawl EDR Program. OMB
Control Number 0648–0700 was
discontinued on December 31, 2022.
This final rule contains collection of
information requirements subject to
review and approval by OMB under the
PRA. NMFS has submitted these
requirements to OMB for approval
under OMB control numbers 0648–0518
(Alaska Region Bering Sea and Aleutian
Islands Crab EDRs); 0648–0564
(Groundfish Trawl Catcher/Processor
EDR); and 0648–0633 (Alaska Chinook
Salmon EDR). The public reporting
burden for the information collection
requirements provided below includes
the time for reviewing instructions,
searching existing data sources,
gathering and maintaining the data
needed, and completing and reviewing
the collection of information.
OMB Control Number 0648–0518
NMFS revises and extends by three
years OMB Control Number 0648–0518.
This collection covers the economic
data collection requirements for the CR
Program and is necessary to monitor
and evaluate the CR Program.
This collection is revised to remove
third-party data verification audits and
blind formatting requirements for the
BSAI crab fisheries EDR because this
final rule removes these requirements.
The three crab EDR forms are revised to
pre-fill data fields that do not change
frequently to reduce the burden of the
crab EDR forms. Pre-filling the data
fields is estimated to reduce the
VerDate Sep<11>2014
16:26 Feb 03, 2023
Jkt 259001
respondent’s data entry time by 15
minutes. However, since the burden
hour estimates for the forms are
rounded to the nearest hour, this modest
reduction will not decrease the public
reporting burden.
Public reporting burden per
individual response is estimated to
average 20 hours each for the Annual
Catcher Vessel Crab EDR and the
Annual CP Crab EDR, 16 hours for the
Annual Processor Crab EDR, and 1 hour
for an EDR certification page.
The estimated number of respondents
for this collection is 77; the estimated
total annual burden hours is 1,449
hours; and the estimated total annual
cost to the public for recordkeeping and
reporting costs is $385.
OMB Control Number 0648–0564
NMFS revises and extends by three
years OMB Control Number 0648–0564.
This collection covers the economic
data collection requirements for
Amendment 80 and GOA trawl CPs.
This collection is necessary to help
evaluate the Amendment 80 Program,
including program-eligible trawl CPs,
and is used by NMFS and the Council
to assess the impacts of major changes
in the groundfish management regime,
including programs for prohibited
species catch species and target species.
This collection is revised to remove
third-party data verification audits for
the Annual Trawl Catcher/Processor
EDR and remove requirements for the
GOA Trawl EDR Program because this
final rule removes regulations for the
audit authorization and eliminates the
GOA Trawl EDR Program. Eliminating
the program simplifies the Annual
Trawl Catcher/Processor form. This
form is revised to remove data fields
that are not being used in analyses and
to pre-fill data fields that do not change
frequently. These changes to the form
are expected to reduce the time burden
per respondent by approximately two
hours.
Public reporting burden per
individual response is estimated to
average 20 hours for the Annual GOA
Trawl Catcher/Processor EDR.
The estimated number of respondents
for this collection is 22; the estimated
total annual burden hours are 440
hours; and the estimated total annual
cost to the public for recordkeeping and
reporting costs is $110.
OMB Control Number 0648–0633
NMFS revises OMB Control Number
0648–0633 to remove the verification
audit for the Compensated Transfer
Report because this final rule removes
the authorization for third party data
verification audits.
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Public reporting burden per
individual response is estimated to
average 40 hours for the Compensated
Transfer Report, 4 hours for the Vessel
Fuel Survey, and 4 hours for the Vessel
Master Survey.
Public Comment
We invite the general public and other
Federal agencies to comment on
proposed and continuing information
collections, which helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. Written comments
and recommendations for these
information collections should be
submitted on the following website:
https://www.reginfo.gov/public/do/
PRAMain. Find the particular
information collection by using the
search function and entering either the
title of the collection or the OMB
Control Number.
Notwithstanding any other provisions
of 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.
All currently approved NOAA
collections of information may be
viewed at https://www.reginfo.gov/
public/do/PRASearch.
List of Subjects
15 CFR Part 902
Reporting and recordkeeping
requirements.
50 CFR Part 679
Alaska, Fisheries, Reporting and
recordkeeping requirements.
50 CFR Part 680
Alaska, Reporting and recordkeeping
requirements.
Dated: January 27, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, NMFS amends 15 CFR part
902 and 50 CFR parts 679 and 680 as
follows:
Title 15—Commerce and Foreign Trade
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:
■
Authority: 44 U.S.C. 3501 et seq.
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Federal Register / Vol. 88, No. 24 / Monday, February 6, 2023 / Rules and Regulations
§ 902.1
[Amended]
2. In § 902.1, in the table in paragraph
(b), under the heading ‘‘50 CFR’’,
remove the entry for ‘‘679.110(a)
through (f)’’.
*
*
*
*
*
■
designated representative, if applicable,
must respond to inquiries by NMFS, the
DCA within 20 days of the date of
issuance of the inquiry.
*
*
*
*
*
Subpart J—[Removed and Reserved]
Title 50—Wildlife and Fisheries
7. Remove and reserve subpart J,
consisting of § 679.110.
■
PART 679—FISHERIES OF THE
EXCLUSIVE ECONOMIC ZONE OFF
ALASKA
PART 680—SHELLFISH FISHERIES OF
THE EXCLUSIVE ECONOMIC ZONE
OFF ALASKA
3. The authority citation for 50 CFR
part 679 continues to read as follows:
■
BILLING CODE 3510–22–P
[Amended]
4. In § 679.2, remove the definitions
for ‘‘Blind data’’ and ‘‘Designated data
collection auditor’’.
■ 5. In § 679.65, revise paragraph (e) to
read as follows:
§ 679.65 Bering Sea Chinook Salmon
Bycatch Management Program Economic
Data Report (Chinook salmon EDR
program).
*
*
*
*
*
(e) Chinook salmon EDR verification
procedures. NMFS or the data collection
agent (DCA) will conduct verification of
Chinook salmon EDR information with
the persons identified at § 679.65(b)(1),
(b)(2), (c)(1), (d)(1)(i), and (d)(1)(ii).
(1) The persons identified at
§ 679.65(b)(1), (b)(2), (c)(1), (d)(1)(i), and
(d)(1)(ii) must respond to inquiries by
NMFS and its DCA for purposes of the
CTR, within 20 days of the date of
issuance of the inquiry.
(2) [Reserved].
■ 6. In § 679.94, revise the section
heading, paragraph (a)(1), paragraphs
(b)(1) and (2), and remove paragraph
(b)(3) to read as follows:
DDrumheller on DSK120RN23PROD with RULES
§ 679.94 Economic data report (EDR) for
the Amendment 80 sector.
(a) * * *
(1) Requirement to submit an EDR. A
person who held an Amendment 80 QS
permit during a calendar year must
submit a complete Annual Trawl
Catcher/Processor EDR for that calendar
year by following the instructions on the
Annual Trawl Catcher/Processor EDR
form.
*
*
*
*
*
(b) * * * (1) NMFS or the DCA will
conduct verification of information with
a person required to submit the Annual
Trawl Catcher/Processor EDR, or if
applicable, that person’s designated
representative.
(2) A person required to submit the
Annual Trawl Catcher/Processor EDR or
16:26 Feb 03, 2023
Jkt 259001
[FR Doc. 2023–02117 Filed 2–3–23; 8:45 am]
8. The authority citation for 50 CFR
part 680 continues to read as follows:
■
VerDate Sep<11>2014
processor EDR for annual data for the
previous calendar year.
(2) Any holder of a registered crab
receiver (RCR) permit that obtained
custom processing for CR Program crab
in the previous calendar year must
submit to NMFS, in the manner
specified on the NMFS-issued EDR
form, a completed processor EDR for
annual data for the previous calendar
year.
*
*
*
*
*
■
Authority: 16 U.S.C. 773 et seq.; 1801 et
seq.; 3631 et seq.; Pub. L. 108–447; Pub. L.
111–281.
§ 679.2
7591
Authority: 16 U.S.C. 1862; Pub. L. 109–
241; Pub. L. 109–479.
ENVIRONMENTAL PROTECTION
AGENCY
§ 680.2
40 CFR Part 70
[Amended]
9. In § 680.2, remove the definitions
for ‘‘Auditor’’ and ‘‘Blind data’’.
■ 10. In § 680.6, revise paragraphs (a)(2)
and (3), (c), (d), (e)(1) and (2), and
remove paragraph (f)(3) to read as
follows:
■
§ 680.6
Crab economic data report (EDR).
(a) * * *
(2) A completed EDR or EDR
certification pages must be submitted to
NMFS, in the manner specified on the
NMFS-issued EDR form, for each
calendar year on or before 1700 hours,
A.l.t., July 31 of the following year.
(3) Annual EDR forms for catcher
vessels, catcher/processors, shoreside
crab processors, and stationary floating
crab processors are available on the
NMFS Alaska Region website at https://
alaskafisheries.noaa.gov or by
contacting NMFS at 1–800–304–4846.
*
*
*
*
*
(c) Annual catcher vessel crab EDR.
Any owner or leaseholder of a catcher
vessel that landed CR crab in the
previous calendar year must submit to
NMFS, in the manner specified on the
NMFS-issued EDR form, a completed
catcher vessel EDR for annual data for
the previous calendar year.
(d) Annual catcher/processor crab
EDR. Any owner or leaseholder of a
catcher/processor that harvested or
processed CR crab in the previous
calendar year must submit to NMFS, in
the manner specified on the NMFSissued EDR form, a completed catcher/
processor EDR for annual data for the
previous calendar year.
(e) * * * (1) Any owner or
leaseholder of an SFCP or a shoreside
crab processor that processed CR crab,
including custom processing of CR crab
performed for other crab buyers, in the
previous calendar year must submit to
NMFS, in the manner specified on the
NMFS-issued EDR form, a completed
PO 00000
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[EPA–R09–OAR–2022–0623; FRL–10031–
03–R9]
Clean Air Act Operating Permit
Program; California; San Diego County
Air Pollution Control District;
Correction
Environmental Protection
Agency (EPA).
ACTION: Direct final rule; correction.
AGENCY:
On December 23, 2022, the
Environmental Protection Agency (EPA)
published a direct final rule in the
Federal Register to approve revisions to
the Clean Air Act (CAA or ‘‘Act’’)
Operating Permit Program (title V) of the
San Diego County Air Pollution Control
District (SDCAPCD or ‘‘District’’) in
California. In that rulemaking, the EPA
included an incorrect effective date in
Section VI of the document and in the
instructions to amend the regulatory
text. This document corrects the errors
in the direct final rule.
DATES: This correction is effective
February 21, 2023.
FOR FURTHER INFORMATION CONTACT: La
Weeda Ward, Permits Office (Air–3–1),
U.S. Environmental Protection Agency,
Region IX, (213) 244–1812,
ward.laweeda@epa.gov.
SUPPLEMENTARY INFORMATION: In our
direct final rule published December 23,
2022 (87 FR 78871), the EPA included
an incorrect effective date in the
document and instructions to amend the
regulatory text. We are correcting the
effective date to the date 60 days after
publication in the Federal Register
because the language in 40 CFR
70.4(b)(11)(i) states that part 70 sources
have one year to submit permit
applications after the effective date of
the permit program. Final rules from
past actions in California match the
effective date of the program with the
SUMMARY:
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Agencies
[Federal Register Volume 88, Number 24 (Monday, February 6, 2023)]
[Rules and Regulations]
[Pages 7586-7591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02117]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Parts 679 and 680
[Docket No.: 230111-0005]
RIN 0648-BL50
Fisheries of the Exclusive Economic Zone Off Alaska; Revisions to
the Economic Data Reports Requirements; Amendment 52 to the Fishery
Management Plan for the Commercial King and Tanner Crab Fisheries of
the Bering Sea and Aleutian Islands
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues regulations to implement Amendment 52 to the
Fishery Management Plan for the Commercial King and Tanner Crab
Fisheries of the Bering Sea and Aleutian Islands (Crab FMP) and a
regulatory amendment to revise regulations on Economic Data Reports
(EDR) requirements for groundfish and crab fisheries off Alaska. This
final rule removes third party data verification audits and blind
formatting requirements from the Bering Sea and Aleutian Islands (BSAI)
crab fisheries EDR, the Bering Sea American Fisheries Act (AFA) pollock
fishery Chinook Salmon EDR, and the BSAI Amendment 80 fisheries EDR.
This action also eliminates the EDR requirements for the Gulf of Alaska
(GOA) trawl fisheries. This final rule is intended to promote the goals
and objectives of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act), the Crab FMP, the Fishery
Management Plans for Groundfish of the Gulf of Alaska Management Area
(GOA FMP) and for the Groundfish of the BSAI Management
[[Page 7587]]
Area (BSAI FMP), and other applicable laws.
DATES: Effective March 8, 2023.
ADDRESSES: Electronic copies of Amendment 52 to the Crab FMP, the
Regulatory Impact Review (referred to as the ``Analysis''), and the
Categorical Exclusion prepared for this rule may be obtained from
https://www.regulations.gov or from the NMFS Alaska Region website at
https://www.fisheries.noaa.gov/region/alaska.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
final rule may be submitted by mail to NMFS Alaska Region, P.O. Box
21668, Juneau, AK 99802-1668, Attn: Assistant Regional Administrator,
Sustainable Fisheries Division; and to www.reginfo.gov/public/do/PRAMain. Find the particular information collection by selecting
``Currently under 30-day Review--Open for Public'' or by using the
search function.
FOR FURTHER INFORMATION CONTACT: Scott A. Miller 907-586-7416.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the
exclusive economic zone (EEZ) off Alaska under the BSAI FMP and the GOA
FMP. NMFS manages the king and Tanner crab fisheries in the United
States EEZ of the BSAI under the Crab FMP. The North Pacific Fishery
Management Council (Council) prepared, and NMFS approved, the BSAI FMP,
the GOA FMP, and the Crab FMP under the authority of the Magnuson-
Stevens Act, 16 U.S.C. 1801 et seq.
A notice of availability for Amendment 52 to the Crab FMP was
published in the Federal Register on October 6, 2022, with comments
invited through December 5, 2022 (87 FR 60638). The proposed rule to
implement Amendment 52 and the regulatory amendments was published in
the Federal Register on November 1, 2022, with comments invited through
December 1, 2022 (87 FR 65724). NMFS received one comment letter from
one member of the public. The comment is summarized and responded to
under the heading ``Comments and Responses'' below.
A detailed review of the provisions and rationale for this action
is provided in the preamble to the proposed rule and is briefly
summarized in this final rule.
Background
Four EDR data collection programs are in place for crab and
groundfish fisheries in the EEZ off Alaska. These programs impose
mandatory annual data reporting requirements for regulated entities
participating in the BSAI Crab Rationalization (CR) fisheries, the AFA
pollock fishery, the BSAI Amendment 80 fisheries, and the GOA trawl
fisheries. The purposes of EDRs are to gather data and information to
improve the analyses developed by the Council on the social and
economic effects of the catch share or rationalization programs, to
understand the economic performance of participants in these programs,
and to help estimate impacts of future issues, problems, or revisions
to the programs covered by the EDRs.
CR Program EDR
The Crab EDR was implemented concurrently with the CR Program under
Amendments 18 and 19 of the BSAI Crab FMP (70 FR 10174, March 2, 2005).
The rule requiring the Crab EDR submission was codified in 50 CFR
680.6, which retroactively required participants to submit EDR forms
for 1998, 2001, and 2004 calendar year operations by June 1, 2005, as
well as to submit an annual Crab EDR form for calendar year 2005 and
thereafter by May 1 of each following year. Amendment 42 (78 FR 36122,
June 17, 2013) revised annual Crab EDR reporting requirements in order
to eliminate redundant reporting requirements, standardize reporting
across participants, and reduce costs associated with data collection.
The amended rule extended the annual submission deadline to July 31.
The reporting requirements for the Crab EDR apply to owners and
leaseholders of catcher vessels (CVs) and catcher/processors (CPs) with
landings of BSAI CR crab, including Community Development Quota (CDQ)
allocated crab, and owners and leaseholders of Registered Crab
Receivers (RCRs) who purchase and/or process landed BSAI CR crab during
a calendar year. For all groups, the annual submission requirement is
imposed on CR crab program participants who harvest, purchase, or
process CR crab.
The Crab EDR consists of reporting forms developed for three
respective sectors: the Crab CV EDR, Crab processor EDR, and the Crab
CP EDR. The CV and processor forms collect distinct sets of data
elements, with the CP form combining all data elements collected in the
CV form and applicable elements from the processor form. A complete
list of the data elements for each of the forms is in Section 3.2 of
the Analysis (see ADDRESSES).
Amendment 80 EDR
The Amendment 80 EDR was implemented on January 20, 2008 (72 FR
52668, September 14, 2007) as part of the Amendment 80 management
program and codified in regulation at 50 CFR 679.94. Amendment 80
allocated several BSAI non-pollock trawl groundfish species among trawl
fishery sectors and facilitated the formation of harvesting
cooperatives in the non-AFA trawl CP sector. The initial Amendment 80
EDR submissions were due June 1, 2009, reporting data for the 2008
calendar year. The Amendment 80 EDR reporting requirements applied to
all Amendment 80 Quota Share (QS) permit holders. Permit holders who
actively operated an Amendment 80 vessel were required to complete the
entire EDR form, while QS permit holders who did not operate a vessel
were required to complete portions of the form pertaining to QS permit
sale or lease costs and revenues.
When the GOA Trawl EDR program was implemented for both CV and CP
participants, it amended the Amendment 80 EDR at 50 CFR 679.94 to
include the CPs participating in GOA trawl fisheries. It also changed
the name of the form from the Amendment 80 EDR to the Annual Trawl CP
EDR. Additional reporting elements specific to GOA Trawl CPs were added
to the form. The rule also extended the requirement to complete all
portions of the EDR form to owners and leaseholders of any vessel named
on a License Limitation Program (LLP) groundfish license authorizing a
CP using trawl gear to harvest and process LLP groundfish species in
the GOA. The association between the GOA Trawl (CV and shoreside
processor) EDR and Annual Trawl CP EDR has resulted in confusion. For
the sake of clarity, in this final rule, the EDR currently specified
under 50 CFR 679.94 is referenced as the Amendment 80 EDR (rather than
the Annual Trawl CP EDR), and the EDR under 50 CFR 679.110(a)(1) and
(2) is referenced as the GOA Trawl EDR; any relevant distinctions or
overlaps are described as needed.
The Amendment 80 EDR form has been submitted annually by Amendment
80 QS holders since 2008. A complete list of the data elements for each
of the forms is in Section 3.2 of the Analysis (see ADDRESSES).
GOA Trawl EDR
The GOA Trawl EDR was implemented on January 1, 2015 (79 FR 71313,
December 2, 2014) and codified in regulation at 50 CFR 679.110. The
initial GOA Trawl EDR submissions
[[Page 7588]]
were due June 1, 2016, for reporting 2015 calendar year data. The GOA
Trawl EDR was implemented to collect relevant baseline information that
could be used to assess the impacts of a future catch share program on
affected harvesters, processors, and communities in the GOA. However,
Council action on a catch share program that addressed issues with GOA
bycatch management was suspended in December 2016, and no catch share
program exists for GOA harvesters, processors, and communities.
The intended submitters for the GOA Trawl EDR includes owners and
leaseholders of CVs and CPs active in the Central and Western GOA
groundfish trawl fishery and operators of shoreside processing
facilities that receive groundfish catch from the GOA. The EDR consists
of two distinct EDR forms, the GOA Trawl CV EDR and GOA Shoreside
Processor EDR. An additional EDR form overlaps with the Amendment 80
EDR, as described above.
The GOA Trawl CV EDR form is required for all trawl CVs that
harvested groundfish in the GOA during the previous year. The GOA
Shoreside Processor EDR form is required for all shore-based processors
that receive and process groundfish from GOA trawl fisheries. The
Annual Trawl CP EDR form is required for all vessel owners and
leaseholders that catch and process groundfish in the GOA trawl
fisheries. A complete list of the data elements for each of the forms
is in Section 3.2 of the Analysis (see ADDRESSES).
Amendment 91 Chinook Salmon EDR
The Amendment 91 EDR and additional record keeping and reporting
requirements associated with monitoring of Chinook salmon bycatch
avoidance measures for the AFA pollock fishery were implemented
concurrently on March 5, 2012 (77 FR 5389, February 3, 2012). The
implementation of the Amendment 91 EDR occurred approximately 17 months
after Amendment 91 (75 FR 53026, August 30, 2010) went into effect. The
initial submission of EDR forms required under 50 CFR 679.65 were due
on June 1, 2013, reporting data for the 2012 calendar year. The
Amendment 91 EDR was implemented to provide additional data to assess
the effectiveness of the Chinook salmon bycatch management measures in
the Bering Sea (BS) pollock fishery.
The Amendment 91 EDR reporting requirement applies to owners and
leaseholders of AFA CVs, CPs, and motherships active in the BS pollock
fishery and to entities eligible to receive Chinook salmon Prohibited
Species Catch (PSC) allocation, including AFA in-shore sector harvest
cooperative representatives, sector-based Incentive Plan Agreement
representatives, and CDQ group representatives. In addition, vessel
masters who actively participate in the AFA pollock fishery are
required to complete the Amendment 91 Vessel Master Survey form and
NMFS allows the owner or leaseholder of the vessel to submit this
information, from multiple vessel masters, electronically to reduce
respondent burden.
The Amendment 91 EDR program consists of three separate forms: the
Compensated Transfer Report (CTR), the Vessel Fuel Survey, and the
Vessel Master Survey. The CTR collects transaction data on all
compensated transfers of Chinook PSC by participants in the AFA
fishery. The CTR is to be completed by all entities participating as
lessor or lessee in compensated transfers of Chinook PSC. However, no
such transactions have ever been reported. The Vessel Fuel Survey form
is required for all AFA vessels that harvested BSAI pollock during the
previous year and collects information about the vessel's average fuel
consumption, the total amount in gallons of fuel loaded onto the
vessel, and total annual fuel cost. The Vessel Master Survey form is
used to determine the fishing and bycatch conditions observed during
the BSAI pollock fishery and factors that motivated Chinook salmon
bycatch avoidance. A complete list of the data elements for each of the
forms is in Section 3.2 of the Analysis (see ADDRESSES).
History and Need for This Action
The Council developed this action beginning in February 2018 and
made its final recommendation to NMFS after considerable public input
in February 2022. This action removes third party data verification
audits and blind formatting requirements from the Bering Sea and
Aleutian Islands (BSAI) crab fisheries EDR, the Bering Sea American
Fisheries Act (AFA) pollock fishery Chinook Salmon EDR (Amendment 91
EDR), and the BSAI Amendment 80 fisheries EDR, and eliminates the EDR
requirements for the Gulf of Alaska (GOA) trawl fisheries. Removing the
third party audit requirements reduces costs incurred for NMFS to
administer the EDR program and associated cost recovery fees paid by
industry while maintaining data quality due to the automated EDR data
verification procedures that remain in place. Additionally, enforcement
provisions exist for all recordkeeping and reporting requirements,
including the EDR program. A detailed explanation of the history of
this action and need for this action is provided in the preamble to the
proposed rule and not repeated here (87 FR 65724, November 1, 2022).
Final Rule
This final rule removes or revises regulations at 50 CFR parts 679
and 680. This final rule removes third-party data verification audits
for the Crab EDR, the Amendment 91 EDR, and the Amendment 80 EDR and
removes blind formatting requirements for the Crab EDR. This action
also eliminates the GOA Trawl EDR requirements.
Eliminating Data Verification Audits
This final rule removes the data verification audit requirements at
Sec. 679.65(e), Sec. 679.94(b), and Sec. 680.6(f). Removal of the
audit authorization eliminates the need for the data collection agent
(DCA) to contract with a third-party auditor to conduct the audit
portion of the data verification. EDR data verification currently
employs a series of mainly automated validation procedures, including
an audit process with the DCA. Except for removal of the audit process,
these data validation procedures remain and continue to ensure the data
reported are error-free. Enforcement actions will continue in cases of
noncompliance with the EDR provisions as part of normal enforcement of
recordkeeping and reporting requirements.
This final rule also removes the definitions for ``Designated data
collection auditor'' at Sec. 679.2 and ``Auditor'' at Sec. 680.2.
Because this final rule removes the EDR audit requirements, these
definitions are no longer needed.
Eliminating Blind Formatting
This final rule removes the definitions for ``Blind data'' at Sec.
679.2 and Sec. 680.2. Both definitions describe the required
formatting process to remove the personal identifiers to the data
collected from the EDRs. The identifiers include Federal fisheries
permit numbers and State of Alaska vessel registration numbers that are
essential data elements to analysts when developing reports and
documents based on EDR data. Removing the blind formatting requirements
makes the data aggregations and confidentiality protections for the
Crab EDR comparable to the requirements under the other EDR programs.
It also increases the usability and access to the EDR data for Council
and NMFS analysts.
[[Page 7589]]
Eliminating the GOA Trawl EDR
This final rule removes and reserves Subpart J--Gulf of Alaska
Trawl Economic Data. The original purpose of the GOA Trawl EDR was to
establish a baseline information collection that could be used to
assess the impacts of a catch share program. However, no catch share
program has been developed to date or is currently contemplated. The
original need for this data collection program has diminished since
2016 when the Council suspended work on a possible GOA catch share
program, calling into question the efficacy of continuing the program.
Eliminating the GOA Trawl EDR removes compliance costs for industry as
well as agency costs, as the GOA Trawl fishery is not managed under a
catch share program subject to cost recovery.
This final rule also revises the section heading at Sec. 679.94
and revises Sec. 679.94(a)(1) to remove GOA Trawl CPs from the
requirement to submit the Amendment 80 EDR form. When the GOA Trawl EDR
program was implemented, it required owners and leaseholders of any
vessel named on an LLP groundfish license authorizing a CP using trawl
gear to harvest and process LLP groundfish species in the GOA to
complete all portions of the Amendment 80 EDR form. This final rule
limits the Amendment 80 EDR requirement to Amendment 80 QS permit
holders alone.
Comments and Responses
NMFS received one unique comment from one member of the public on
the proposed rule.
Comment 1: The commenter asserts that removing data verification
allows increasing corruption in management of the North Pacific
fishery. The commenter further asserts that corrupt management by this
agency will result in fish species going extinct and further asserts
that this has happened in most areas managed by this agency. The
commenter further asserts that the commercial fishing industry has
undue influence in the management process and that management of the
public resource is being compromised by excessive quotas resulting in
starvation, and human predation, of marine mammals. Finally, the
commenter asserts that there is no environmental conservation
occurring, that there is no reason for this action, and that the action
is objectionable.
Response: NMFS acknowledges the comment regarding the proposed
rule's inadvertent removal of the DCA data verification process in
regulatory text edits. In accordance with the proposed rule's goal,
this final rule revises the regulations to remove only the
authorization for data verification audits. This final rule retains
data verification regulations and data verification procedures remain
in place. This final rule eliminates the automated audits of EDR
submissions, as analysis has shown that no data verification audit,
over the entire history of the EDR program, has resulted in a finding
of noncompliance. The remainder of the comment is outside of the scope
of this action. This final rule addresses the collection of EDR data
and is not intended to broadly manage commercial or subsistence
fisheries. NMFS manages commercial, recreational, and subsistence
fisheries consistent with the provisions of the Magnuson-Stevens Act
and other applicable law.
Changes From Proposed to Final Rule
NMFS made three changes to the final rule that are related to both
the comment received on the proposed rule and internal review. Namely,
this final rule corrects inadvertent errors in the regulatory text
included in the proposed rule. The preamble to the proposed rule
accurately stated that, except for the audit component, the data
verification process would remain in place. And, indeed, the Council
did not recommend removal of the data verification process by the DCA
and the Analysis prepared in support of this action specifically
indicates that the data verification procedures will continue. But the
proposed rule regulatory text edits inadvertently proposed deleting
data verification processes that were meant to remain in place. This
final rule corrects those errors as further detailed below.
First, in Sec. 679.65, which describes the Chinook Salmon EDR
program, NMFS inadvertently proposed deleting the entirety of paragraph
(e), which includes regulation text describing both the EDR
verification and audit procedures. This final rule revises the
introductory text to paragraph (e) to remove the references to audit
procedures and the associated designated data collection auditor
(DDCA). Paragraph (e)(1) is revised to change the reference to the DDCA
to the DCA; paragraph (e)(2), which describes the audit process, is
removed. Second, in Sec. 679.94, NMFS inadvertently proposed removing
the entirety of paragraph (b), which includes regulations pertaining to
both the EDR verification process and the audit process. This final
rule revises paragraph (b)(1) and (2) to remove only the reference to
the DDCA; paragraph (b)(3), which describes the audit process, is
removed. Third, NMFS inadvertently proposed removing the entirety of
Sec. Sec. 680.6(f) and (g). This final rule removes only paragraph
(f)(3), in order to remove the requirement to provide copies of
additional data to the DDCA. Removal of paragraph (f)(3) is consistent
with the removal of the third party audit process. Paragraph (g)
remains unchanged from the proposed rule and provides the DCA with the
authorization to request voluntary submission of economic data that may
be used in the data verification process, which will remain in place
after the removal of the third party audit process.
Other Regulatory Changes
This final rule revises regulations at Sec. Sec. 680.6(a)(2),
(a)(3), (c), (d), (e)(1), and (e)(2) to update the instructions for
submitting Crab EDR forms to be consistent with the submission
instructions for the Amendment 80 EDR implemented in 2008.
OMB Revisions to PRA References in 15 CFR 902.1(b)
Section 3507(c)(B)(i) of the Paperwork Reduction Act (PRA) requires
that agencies inventory and display a current control number assigned
by the Director of the Office of Management and Budget (OMB) for each
agency's information collection. Section 902.1(b) identifies the
location of NOAA regulations for which OMB approval numbers have been
issued. Because this rule discontinued the collection-of-information
for OMB Control Number 0648-0700 and removes Sec. 679.110, 15 CFR
902.1(b) is revised to correctly reference these changes.
Classification
Pursuant to sections 304(b) and 305(d) of the Magnuson-Stevens Act,
the NMFS Assistant Administrator has determined that this final rule is
consistent with the FMPs, other provisions of the Magnuson-Stevens Act,
and other applicable law.
This final rule has been determined to be not significant for the
purposes of Executive Order 12866.
Certification Under the Regulatory Flexibility Act
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.
[[Page 7590]]
No comments were received regarding this certification. As a result, a
regulatory flexibility analysis was not required and none was prepared.
Regulatory Impact Review
A Regulatory Impact Review was prepared to assess all costs and
benefits of available regulatory alternatives. A copy of this analysis
is available from NMFS (see ADDRESSES). The Council recommended
Amendment 52 and the regulatory revisions in this final rule based on
those measures that maximized net benefits to the Nation. Specific
aspects of the economic analysis are discussed above in the
Certification under the Regulatory Flexibility Act section.
Collection-of-Information Requirements
This final rule contains information collection requirements
subject to the PRA and which have been approved by the Office of
Management and Budget OMB. OMB has approved discontinuing OMB Control
Number 0648-0700 (Gulf of Alaska Catcher Vessel and Processor Trawl
EDR), which covered the economic data collection requirements for the
GOA Trawl EDR Program. OMB Control Number 0648-0700 was discontinued on
December 31, 2022.
This final rule contains collection of information requirements
subject to review and approval by OMB under the PRA. NMFS has submitted
these requirements to OMB for approval under OMB control numbers 0648-
0518 (Alaska Region Bering Sea and Aleutian Islands Crab EDRs); 0648-
0564 (Groundfish Trawl Catcher/Processor EDR); and 0648-0633 (Alaska
Chinook Salmon EDR). The public reporting burden for the information
collection requirements provided below includes the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
OMB Control Number 0648-0518
NMFS revises and extends by three years OMB Control Number 0648-
0518. This collection covers the economic data collection requirements
for the CR Program and is necessary to monitor and evaluate the CR
Program.
This collection is revised to remove third-party data verification
audits and blind formatting requirements for the BSAI crab fisheries
EDR because this final rule removes these requirements. The three crab
EDR forms are revised to pre-fill data fields that do not change
frequently to reduce the burden of the crab EDR forms. Pre-filling the
data fields is estimated to reduce the respondent's data entry time by
15 minutes. However, since the burden hour estimates for the forms are
rounded to the nearest hour, this modest reduction will not decrease
the public reporting burden.
Public reporting burden per individual response is estimated to
average 20 hours each for the Annual Catcher Vessel Crab EDR and the
Annual CP Crab EDR, 16 hours for the Annual Processor Crab EDR, and 1
hour for an EDR certification page.
The estimated number of respondents for this collection is 77; the
estimated total annual burden hours is 1,449 hours; and the estimated
total annual cost to the public for recordkeeping and reporting costs
is $385.
OMB Control Number 0648-0564
NMFS revises and extends by three years OMB Control Number 0648-
0564. This collection covers the economic data collection requirements
for Amendment 80 and GOA trawl CPs. This collection is necessary to
help evaluate the Amendment 80 Program, including program-eligible
trawl CPs, and is used by NMFS and the Council to assess the impacts of
major changes in the groundfish management regime, including programs
for prohibited species catch species and target species.
This collection is revised to remove third-party data verification
audits for the Annual Trawl Catcher/Processor EDR and remove
requirements for the GOA Trawl EDR Program because this final rule
removes regulations for the audit authorization and eliminates the GOA
Trawl EDR Program. Eliminating the program simplifies the Annual Trawl
Catcher/Processor form. This form is revised to remove data fields that
are not being used in analyses and to pre-fill data fields that do not
change frequently. These changes to the form are expected to reduce the
time burden per respondent by approximately two hours.
Public reporting burden per individual response is estimated to
average 20 hours for the Annual GOA Trawl Catcher/Processor EDR.
The estimated number of respondents for this collection is 22; the
estimated total annual burden hours are 440 hours; and the estimated
total annual cost to the public for recordkeeping and reporting costs
is $110.
OMB Control Number 0648-0633
NMFS revises OMB Control Number 0648-0633 to remove the
verification audit for the Compensated Transfer Report because this
final rule removes the authorization for third party data verification
audits.
Public reporting burden per individual response is estimated to
average 40 hours for the Compensated Transfer Report, 4 hours for the
Vessel Fuel Survey, and 4 hours for the Vessel Master Survey.
Public Comment
We invite the general public and other Federal agencies to comment
on proposed and continuing information collections, which helps us
assess the impact of our information collection requirements and
minimize the public's reporting burden. Written comments and
recommendations for these information collections should be submitted
on the following website: https://www.reginfo.gov/public/do/PRAMain.
Find the particular information collection by using the search function
and entering either the title of the collection or the OMB Control
Number.
Notwithstanding any other provisions of 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. All currently approved NOAA collections of
information may be viewed at https://www.reginfo.gov/public/do/PRASearch.
List of Subjects
15 CFR Part 902
Reporting and recordkeeping requirements.
50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
50 CFR Part 680
Alaska, Reporting and recordkeeping requirements.
Dated: January 27, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 15 CFR part
902 and 50 CFR parts 679 and 680 as follows:
Title 15--Commerce and Foreign Trade
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. 3501 et seq.
[[Page 7591]]
Sec. 902.1 [Amended]
0
2. In Sec. 902.1, in the table in paragraph (b), under the heading
``50 CFR'', remove the entry for ``679.110(a) through (f)''.
* * * * *
Title 50--Wildlife and Fisheries
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
0
3. The authority citation for 50 CFR part 679 continues to read as
follows:
Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.;
Pub. L. 108-447; Pub. L. 111-281.
Sec. 679.2 [Amended]
0
4. In Sec. 679.2, remove the definitions for ``Blind data'' and
``Designated data collection auditor''.
0
5. In Sec. 679.65, revise paragraph (e) to read as follows:
Sec. 679.65 Bering Sea Chinook Salmon Bycatch Management Program
Economic Data Report (Chinook salmon EDR program).
* * * * *
(e) Chinook salmon EDR verification procedures. NMFS or the data
collection agent (DCA) will conduct verification of Chinook salmon EDR
information with the persons identified at Sec. 679.65(b)(1), (b)(2),
(c)(1), (d)(1)(i), and (d)(1)(ii).
(1) The persons identified at Sec. 679.65(b)(1), (b)(2), (c)(1),
(d)(1)(i), and (d)(1)(ii) must respond to inquiries by NMFS and its DCA
for purposes of the CTR, within 20 days of the date of issuance of the
inquiry.
(2) [Reserved].
0
6. In Sec. 679.94, revise the section heading, paragraph (a)(1),
paragraphs (b)(1) and (2), and remove paragraph (b)(3) to read as
follows:
Sec. 679.94 Economic data report (EDR) for the Amendment 80 sector.
(a) * * *
(1) Requirement to submit an EDR. A person who held an Amendment 80
QS permit during a calendar year must submit a complete Annual Trawl
Catcher/Processor EDR for that calendar year by following the
instructions on the Annual Trawl Catcher/Processor EDR form.
* * * * *
(b) * * * (1) NMFS or the DCA will conduct verification of
information with a person required to submit the Annual Trawl Catcher/
Processor EDR, or if applicable, that person's designated
representative.
(2) A person required to submit the Annual Trawl Catcher/Processor
EDR or designated representative, if applicable, must respond to
inquiries by NMFS, the DCA within 20 days of the date of issuance of
the inquiry.
* * * * *
Subpart J--[Removed and Reserved]
0
7. Remove and reserve subpart J, consisting of Sec. 679.110.
PART 680--SHELLFISH FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF
ALASKA
0
8. The authority citation for 50 CFR part 680 continues to read as
follows:
Authority: 16 U.S.C. 1862; Pub. L. 109-241; Pub. L. 109-479.
Sec. 680.2 [Amended]
0
9. In Sec. 680.2, remove the definitions for ``Auditor'' and ``Blind
data''.
0
10. In Sec. 680.6, revise paragraphs (a)(2) and (3), (c), (d), (e)(1)
and (2), and remove paragraph (f)(3) to read as follows:
Sec. 680.6 Crab economic data report (EDR).
(a) * * *
(2) A completed EDR or EDR certification pages must be submitted to
NMFS, in the manner specified on the NMFS-issued EDR form, for each
calendar year on or before 1700 hours, A.l.t., July 31 of the following
year.
(3) Annual EDR forms for catcher vessels, catcher/processors,
shoreside crab processors, and stationary floating crab processors are
available on the NMFS Alaska Region website at https://alaskafisheries.noaa.gov or by contacting NMFS at 1-800-304-4846.
* * * * *
(c) Annual catcher vessel crab EDR. Any owner or leaseholder of a
catcher vessel that landed CR crab in the previous calendar year must
submit to NMFS, in the manner specified on the NMFS-issued EDR form, a
completed catcher vessel EDR for annual data for the previous calendar
year.
(d) Annual catcher/processor crab EDR. Any owner or leaseholder of
a catcher/processor that harvested or processed CR crab in the previous
calendar year must submit to NMFS, in the manner specified on the NMFS-
issued EDR form, a completed catcher/processor EDR for annual data for
the previous calendar year.
(e) * * * (1) Any owner or leaseholder of an SFCP or a shoreside
crab processor that processed CR crab, including custom processing of
CR crab performed for other crab buyers, in the previous calendar year
must submit to NMFS, in the manner specified on the NMFS-issued EDR
form, a completed processor EDR for annual data for the previous
calendar year.
(2) Any holder of a registered crab receiver (RCR) permit that
obtained custom processing for CR Program crab in the previous calendar
year must submit to NMFS, in the manner specified on the NMFS-issued
EDR form, a completed processor EDR for annual data for the previous
calendar year.
* * * * *
[FR Doc. 2023-02117 Filed 2-3-23; 8:45 am]
BILLING CODE 3510-22-P