Rule2023-18414
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
August 28, 2023
Effective
September 27, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is implementing 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 will 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 165 (Monday, August 28, 2023)</title>
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[Federal Register Volume 88, Number 165 (Monday, August 28, 2023)]
[Rules and Regulations]
[Pages 58521-58522]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18414]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 230821-0201]
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: Final rule.
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SUMMARY: NMFS is implementing 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 will result in improved
administration and management of the surfclam and ocean quahog
fisheries.
DATES: Effective September 27, 2023.
ADDRESSES: Written comments regarding the burden-hour estimates or
other aspects of the collection-of-information requirements contained
in this final rule may be submitted to the Greater Atlantic Regional
Fisheries Office and to <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>. Find
this particular information collection by using the search function and
entering either the title of the collection or the Office of Management
and Budget (OMB) Control Number 0648-0212.
FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Policy Analyst,
(978) 281-9341, <a href="/cdn-cgi/l/email-protection#ed8982988a818c9ec39d8299999ead83828c8cc38a829b"><span class="__cf_email__" data-cfemail="84e0ebf1e3e8e5f7aaf4ebf0f0f7c4eaebe5e5aae3ebf2">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The Mid-Atlantic Fishery Management 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. 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.
Detailed information about the drawbacks of separate trips reports,
the benefits of having a single report for all fishing trips, and the
development of electronic VTR (eVTR) in the Greater Atlantic Region was
provided in the proposed rule for this action (88 FR 20115, April 5,
2023) and is not repeated here.
This action eliminates the requirement for a separate surfclam/
ocean quahog logbook and requires surfclam and ocean quahog vessel
operators to complete the standard eVTR instead. When a fishing trip
includes surfclams or ocean quahogs, the eVTR application will
automatically present additional fields to collect the required
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 has previously been reported by the fishery on
the surfclam/ocean quahog logbook, so there is no additional reporting
burden on fishermen. Overall, the reporting burden would decrease
because surfclam and ocean quahog trips that also land other regulated
species will no longer be required to submit two reports, instead
fulfilling all reporting requirements through a single electronic
submission.
Comments
On April 5, 2023, we published a proposed rule (88 FR 20115)
requesting comments on changes to the regulations to eliminate the
separate surfclam and ocean quahog vessel logbook and require all
vessels fishing for these species to report trips using the standard
eVTR. The comment period was open through May 5, 2023. We received no
comments on the proposed regulatory changes or on the impact of those
changes on the public reporting burden in the existing information
collection approved under the Paperwork Reduction Act (PRA).
Changes From the Proposed Rule
There are no changes to the proposed regulatory updates. However,
this final rule corrects a minor typographical error in the first
sentence of the introductory text in 50 CFR 648.7(b)(1), changing the
word ``and'' to ``an.''
Classification
NMFS is issuing this rule pursuant to section 305(d) of the
Magnuson-Stevens Act. Pursuant to that section, this action is
necessary to carry out the provisions of the Atlantic Surfclam and
Ocean Quahog FMP because the initial reporting provisions adopted in
1977 have become inconsistent with other reporting requirements in the
Greater Atlantic Region. This inconsistency has led to an unnecessary
additional reporting burden on the fishing industry. The NMFS Assistant
[[Page 58522]]
Administrator has determined that this final 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 final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
This final rule contains a collection-of-information requirement
subject to review and approval by OMB under the 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 the
elimination of postage costs. Public reporting burden for the Fishing
Vessel Trip Report is estimated to average five minutes, including the
time taken to review the instructions, search existing data sources,
gather and maintain the data needed, and to complete and review the
information collected.
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 this information collection should be submitted on
the following website: <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a>. Find
this particular information collection by using the search function and
entering either the title of the collection or the OMB Control Number
0648-0212.
Notwithstanding any other provisions of the law, no person is
required to respond to, nor shall any person be 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: August 22, 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 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 paragraphs (b)(1) introductory text,
(b)(1)(i) introductory text, and (b)(1)(iii) to read as follows:
Sec. 648.7 Recordkeeping and reporting requirements.
* * * * *
(b) * * *
(1) Fishing Vessel Trip Reports. The owner or operator of any
vessel issued a valid permit or eligible to renew a limited access
permit under this part must maintain on board the vessel and submit an
accurate fishing log report for each fishing trip, regardless of
species fished for or taken, by electronic means. This report must be
entered into and submitted through a software application approved by
NMFS.
(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. 2023-18414 Filed 8-25-23; 8:45 am]
BILLING CODE 3510-22-P
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