[Federal Register: December 4, 2007 (Volume 72, Number 232)]
[Rules and Regulations]
[Page 68096-68097]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04de07-13]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 071106654-7655-01]
RIN 0648-AW20
Fisheries of the Northeastern United States; Regulatory Amendment
to Modify Recordkeeping and Reporting and Observer Requirements;
Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correcting amendment.
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SUMMARY: On April 23, 2007, NMFS published in the Federal Register a
final rule to implement measures requiring observers for participating
hagfish vessels in the Federal Register as part of the hagfish
information collection program. On June 13, 2007, NMFS published a
separate final rule that inadvertently deleted these regulations
implemented in the April 23, 2007, rule. This correcting amendment
corrects this error by reinstating the language regarding hagfish
observer requirements.
DATES: Effective December 4, 2007.
FOR FURTHER INFORMATION CONTACT: Emily Bryant, Fishery Management
Specialist, (978) 281-9244.
SUPPLEMENTARY INFORMATION: On October 3, 2006, the New England Fishery
Management Council (Council) sent NMFS a request to prepare an
information collection program for the Atlantic hagfish fishery under
the provisions of section 402(a) of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act). On April 23,
2007, in response to the Council's request, NMFS published a final rule
to implement measures to modify the existing reporting and
recordkeeping requirements for federally permitted seafood dealers/
processors and the observer requirements for participating hagfish
vessels in the Federal Register (72 FR 20036). The adjustments made to
the at-sea sea sampler/observer coverage regulations at 50 CFR 648.11
through the April 23, 2007, final rule were inadvertently deleted when
another final rule that revised the same section of regulations was
published in the Federal Register on June 13, 2007 (72 FR 32549). This
correcting amendment corrects this error by reinstating language
previously added to 50 CFR 648.11, stating that under the hagfish
information collection program, any vessel owner/operator that fishes
for, catches, or lands hagfish, or intends to fish for, catch, or land
hagfish in or from the exclusive economic zone (EEZ) will be required
to carry an observer when requested by the Regional Administrator. This
language is reinstated so as to maintain the regulatory text
implementing Amendment 13 of the Atlantic Sea Scallop Fishery
Management Plan.
Classification
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator finds
good cause to waive prior notice and opportunity for additional public
comment for this action because any delay of this action would be
contrary to the public interest. As explained above, this rule
reinstates regulatory text that had already been implemented but was
unintentionally and inadvertently deleted during the implementation of
another unrelated rule. Observer coverage is particularly important to
determine potentially high discard rates that have been reported to
occur in the hagfish fishery in order to determine what management
measures may be necessary to reduce such discard. Further, without data
collected from the observer program, the status of the stock can not be
adequately determined and it is not possible to capture accurately the
geographic and seasonal aspects of the fishery, which reflect overseas
demand, and ensure that the resource may be sustained for future years.
Without this information, future management efforts cannot be developed
and, therefore, will be delayed unnecessarily. Such a delay may
negatively impact commercial fishermen that fish for hagfish, who have
reported that regional depletion in the fishery is occurring. Moreover,
pursuant to 5 U.S.C. 553(d), the Assistant Administrator finds good
cause to waive the 30-day delay in effective date for the reasons given
above. Without data collected from the observer program, the status of
the stock can not be adequately determined and it is not possible to
capture accurately the geographic and seasonal aspects of the fishery,
which reflect overseas demand, and ensure that the resource may be
sustained for future years. Without this information, future management
efforts cannot be developed and, therefore, will be delayed
unnecessarily. Delaying the rule for 30 days may negatively impact
fishermen who fish for hagfish and have observed regional depletion
occurring in this fishery. In addition, the final rule that had added
the subsequently deleted text had already been subjected to a 30-day
delay in implementation and, therefore, an additional delay to correct
the deletion is unnecessarily duplicative.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: November 28, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, 50 CFR part 648 is corrected
by making a correcting amendment as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.11, paragraph (a) is revised to read as follows:
Sec. 648.11 At-sea sampler/observer coverage.
(a) The Regional Administrator may request any vessel holding a
permit for Atlantic sea scallops, NE multispecies, monkfish, skates,
Atlantic mackerel, squid, butterfish, scup, black sea bass, bluefish,
spiny dogfish, Atlantic herring, tilefish, or Atlantic deep-sea red
crab; or
[[Page 68097]]
a moratorium permit for summer flounder; to carry a NMFS-certified
fisheries observer. A vessel holding a permit for Atlantic sea scallops
is subject to the additional requirements specific in paragraph (g) of
this section. Also, any vessel or vessel owner/operator that fishes
for, catches or lands hagfish, or intends to fish for, catch, or land
hagfish in or from the exclusive economic zone must carry a NMFS-
certified fisheries observer when requested by the Regional
Administrator in accordance with the requirements of this section.
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[FR Doc. E7-23513 Filed 12-3-07; 8:45 am]
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