Proposed Rule2023-07017
Fisheries of the Northeastern United States; Improvement and Modernization of Atlantic Surfclam and Ocean Quahog Vessel Reporting Regulations
Primary source
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Published
April 5, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes regulation changes to integrate the vessel reporting requirements for the Atlantic surfclam and ocean quahog fisheries with the reporting requirements for all other commercial fisheries in the Greater Atlantic Region. These changes are intended to simplify the regulations and make it easier for surfclam and ocean quahog vessel operators to submit the required fishing trip reports electronically. This action would result in improved administration and management of the surfclam and ocean quahog fisheries.
Full Text
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<title>Federal Register, Volume 88 Issue 65 (Wednesday, April 5, 2023)</title>
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[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Proposed Rules]
[Pages 20115-20117]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07017]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 230330-0087]
RIN 0648-BL61
Fisheries of the Northeastern United States; Improvement and
Modernization of Atlantic Surfclam and Ocean Quahog Vessel Reporting
Regulations
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes regulation changes to integrate the vessel
reporting requirements for the Atlantic surfclam and ocean quahog
fisheries with the reporting requirements for all other commercial
fisheries in the Greater Atlantic Region. These changes are intended to
simplify the regulations and make it easier for surfclam and ocean
quahog vessel operators to submit the required fishing trip reports
electronically. This action would result in improved administration and
management of the surfclam and ocean quahog fisheries.
DATES: Comments must be received on May 5, 2023.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2022-0100, by any of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="http://www.regulations.gov">www.regulations.gov</a>
and enter NOAA-NMFS-2022-0100 in the Search box. Click on the
``Comment'' icon, complete the required fields, and enter or attach
your comments.
<bullet> Mail: Submit written comments to Michael Pentony, Regional
Administrator, NMFS, Greater Atlantic Regional Fisheries Office, 55
Great Republic Drive, Gloucester, MA 01930. Mark the outside of the
envelope: ``Comments on Surfclam/Ocean Quahog Vessel Reporting Rule.''
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are part of the
public record and will generally be posted for public viewing on
<a href="http://www.regulations.gov">www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
proposed rule may be submitted to the Greater Atlantic Regional
Fisheries Office and to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this
particular information collection by selecting ``Currently under 30-day
Review--Open for Public Comments'' or by using the search function.''
FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Policy Analyst,
(978) 281-9341, <a href="/cdn-cgi/l/email-protection#89ede6fceee5e8faa7f9e6fdfdfac9e7e6e8e8a7eee6ff"><span class="__cf_email__" data-cfemail="21454e54464d40520f514e555552614f4e40400f464e57">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The Mid-Atlantic Fishery Management Council (Council) manages the
Atlantic surfclam and ocean quahog fisheries under the Atlantic
Surfclam and Ocean Quahog Fishery Management Plan (FMP). The FMP has
included a requirement for fishing vessels to maintain and submit a log
of fishing operations since it was first implemented (42 FR 60438,
November 25, 1977). Over the years, other species also became subject
to management under the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) and additional fishing vessel
reporting requirements were added to the regulations. To cover the
reporting requirements of these other fisheries, a standardized fishing
vessel trip report (VTR) form was developed. For a number of reasons,
including the specific requirements of the Atlantic Surfclam and Ocean
Quahog Individual Transferable Quota (ITQ) management system, the
surfclam and ocean quahog vessel reporting regulations have remained
separate from the vessel reporting regulations that apply to all other
commercial fisheries in the Greater Atlantic Region, and surfclam and
ocean quahog vessels have used a form separate from the VTR, often
referred to as the clam logbook, to report fishing trips that
specifically target surfclam or ocean quahog.
Until recently, all VTR and clam logbook submissions were made
using paper forms completed by the vessel operator and then submitted
to NMFS. Because there were two separate sets of reporting regulations,
a surfclam or
[[Page 20116]]
ocean quahog fishing vessel that incidentally caught another federally
managed species was required to submit two separate forms for the trip:
A clam logbook for their surfclam or ocean quahog catch and a standard
VTR for all other species. This was inconvenient, but could reasonably
be accomplished as long as the vessel operator had both paper forms
readily available.
As of November 10, 2021, NMFS required all commercial fishing
vessel trip reports be submitted electronically (85 FR 71575, November
10, 2020). Surfclam and ocean quahog vessels were allowed to continue
submitting paper trip reports because a suitable electronic reporting
application that addressed the unique requirements of that fishery was
not available at that time. Since then, NMFS has completed the
necessary changes to our Fish Online electronic VTR (eVTR) application
to accommodate the unique reporting requirements of the surfclam and
ocean quahog ITQ fisheries. On December 1, 2022, NMFS announced that
all surfclam and ocean quahog trip reports must be submitted
electronically as of February 1, 2023. While Fish Online may be the
only reporting application initially available to surfclam or ocean
quahog fishermen, the proposed regulatory changes will make it easier
for developers of other eVTR applications to accommodate surfclam and
ocean quahog vessels, if the application developers choose to
incorporate reporting for these fisheries in the future.
The regulatory changes proposed in this action would eliminate the
requirement for a separate surfclam/ocean quahog logbook and would
instead authorize surfclam and ocean quahog vessel operators to
complete the standard eVTR with additional fields added to collect
information specific to the ITQ fishery, including the ITQ allocation
number, the cage tag numbers for all cages being landed, and price per
bushel. This information is already reported by the fishery on the
surfclam/ocean quahog logbook, so there would be no change to reporting
burden on fishermen. Overall, the reporting burden would decrease as
surfclam and ocean quahog trips that also land other regulated species
would no longer be required to submit two reports, instead fulfilling
all reporting requirements through a single electronic submission.
If this proposed action is implemented, surfclam and ocean quahog
vessel operators would report some information in a different format
than is currently used on the surfclam and ocean quahog logbook.
However, because vessel operators are already required to complete and
submit the standard eVTR for incidentally caught species, they are
already familiar with the fields used for this electronic format.
In this proposed rule, one data field would be removed from the
regulations. The current list of required data fields on the clam
logbook includes ``Crew share by percentage'' (50 CFR
648.7(b)(1)(iii)(H)). However, that field has not been included on the
paper forms for at least 20 years. This information is not collected
for other commercial fisheries in the region and is not necessary for
the management of the surfclam and ocean quahog fishery. Because it has
not been collected, we propose removing this requirement from the
regulations.
Classification
NMFS is issuing this rule pursuant to section 305(d) of the
Magnuson-Stevens Act. The reason for using this regulatory authority
is: Pursuant to Magnuson-Stevens Act section 305(d), this action is
necessary to carry out the provisions of the Atlantic Surfclam and
Ocean Quahog FMP, because the initial provisions adopted in 1977 have
become inconsistent with other reporting requirements leading to an
unnecessary additional reporting burden on the fishing industry. The
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the Atlantic Surfclam and Ocean Quahog FMP, other
provisions of the Magnuson-Stevens Act, and other applicable law,
subject to further consideration after public comment.
This proposed 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 (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities.
The measures proposed by this action apply to surfclam and ocean
quahog vessel owners. There were 677 total vessels that hold a surfclam
and/or an ocean quahog vessel permit. Some entities own more than one
fishing vessel, resulting in 399 regulated entities.
For Regulatory Flexibility Act purposes only, NMFS has established
a small business size standard for businesses, including their
affiliated operations, whose primary industry is commercial fishing
(see 50 CFR 200.2). A business primarily engaged in commercial fishing
(NAICS code 11411) is classified as a small business if it is
independently owned and operated, is not dominant in its field of
operation (including its affiliates), and has combined annual receipts
not in excess of $11 million for all its affiliated operations
worldwide. Using this definition, there are 389 small entities and 10
large entities that would potentially be affected by this action.
The proposed measures are administrative in nature and are not
expected to have impacts on the surfclam and ocean quahog fisheries,
including landings levels (no changes in surfclam or ocean quahog ex-
vessel revenues are expected), fishery distribution, or fishing methods
and practices. The proposed action is not expected to result in changes
to the nature or operation of the surfclam and ocean quahog fisheries.
In addition, the proposed measures are not expected to
disproportionately affect small entities. As a result, an initial
regulatory flexibility analysis is not required and none has been
prepared.
This proposed rule contains a collection-of-information requirement
subject to review and approval by OMB under the Paperwork Reduction Act
(PRA). This rule revises the existing requirements for the collection
of information under the following OMB Control Number: 0648-0212,
Greater Atlantic Region Logbook Family of Forms, by eliminating the
shellfish log (NOAA Form 88-140). All respondents and responses that
would have used this form would use the Fishing Vessel Trip Report
(NOAA Form 88-30) instead. This form takes less time to complete and is
submitted electronically resulting in a small decrease in estimated
time burden and eliminates postage costs. Public reporting burden for
the Fishing Vessel Trip Report is estimated to average five minutes,
including the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information.
Public comment is sought regarding: whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; the accuracy of the burden estimate; ways to
enhance the quality, utility, and clarity of the information to be
collected; and ways to minimize the burden of the collection of
information, including through the use of automated collection
techniques or other forms of information technology. Submit comments on
these or any other aspects
[[Page 20117]]
of the collection of information at <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>.
Notwithstanding any other provisions of the law, no person is
required to respond or, nor shall any person by subject to a 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 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: March 30, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 648 as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.7, revise the introductory text of paragraph (b)(1)(i)
and paragraph (b)(1)(iii) to read as follows:
Sec. 648.7 Recordkeeping and reporting requirements.
* * * * *
(b) * * *
(1) * * *
(i) Vessel owners or operators. At least the following information
as applicable and any other information required by the Regional
Administrator must be provided:
* * * * *
(iii) Surfclam and Ocean Quahog owners or operators. In addition to
the information listed under paragraph (b)(1)(i) of this section, the
owner or operator of any vessel conducting any surfclam or ocean quahog
fishing operations in the ITQ program must provide at least the
following information and any other information required by the
Regional Administrator:
(A) Total amount in bushels of surfclams and/or ocean quahogs
taken;
(B) Price per bushel;
(C) Tag numbers from cages used; and
(D) Allocation permit number.
* * * * *
[FR Doc. 2023-07017 Filed 4-4-23; 8:45 am]
BILLING CODE 3510-22-P
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