[Federal Register: December 6, 2006 (Volume 71, Number 234)]
[Rules and Regulations]
[Page 70680-70682]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06de06-11]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 060425111-6315-03; I.D. 041906B]
RIN 0648-AN09
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Vessel Monitoring Systems;
Amendment 18A
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; delay of effective date.
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SUMMARY: NMFS delays the December 7, 2006, effective date of two
sections of a final rule, published August 9, 2006, until March 7,
2007. The amendments to those sections will require owners/operators of
vessels with Gulf reef fish commercial vessel permits to install a
NMFS-approved vessel monitoring system (VMS) and will make installation
of VMS a prerequisite for permit renewal or transfer. This delay of the
effective date will provide additional time for affected fishers to
come into compliance with the VMS requirements.
DATES: The effective date of the amendments to Sec. Sec. 622.9(a)(2)
and 622.4(m)(1) published August 9, 2006 (71 FR 45428), is delayed
until March 7, 2007.
ADDRESSES: Comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements referred to in
this final rule may be submitted in writing to Jason Rueter, NMFS,
Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL
33701; telephone 727-824-5305; fax 727-824-5308; e-mail
[[Page 70681]]
Jason.Rueter@noaa.gov and to David Rostker, Office of Management and
Budget (OMB), by e-mail at David_Rostker@omb.eop.gov, or by fax to
202-395-7285.
FOR FURTHER INFORMATION CONTACT: Peter Hood, telephone 727-824-5305,
fax 727-824-5308, e-mail Peter.Hood@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
The final rule to implement Amendment 18A to the Fishery Management
Plan for the Reef Fish Resources of the Gulf of Mexico (Amendment 18A)
(71 FR 45428, August 9, 2006) included a provision, Sec. 622.9(a)(2),
requiring owners or operators of a vessel with a commercial vessel
permit for Gulf reef fish, including charter/headboats with commercial
reef fish vessel permits even when under charter, to be equipped with
an operating VMS approved by NMFS for the Gulf of Mexico reef fish
fishery. Additionally, Sec. 622.4(m)(1) required proof of purchase,
installation, activation, and operational status of an approved VMS for
renewal or transfer of a commercial vessel permit for Gulf reef fish.
Subsequent to the publication of the final rule, NMFS published a
notice listing VMS approved by NMFS for use in the Gulf reef fish
fishery (71 FR 54472, September 15, 2006). On October 31, 2006, NMFS
published a notice (71 FR 63753), announcing availability of grant
funds to reimburse owners and operators of vessels subject to the VMS
requirements of Amendment 18A for the equivalent cost of purchasing the
least expensive VMS approved by NMFS for the Gulf reef fish fishery.
Delay of Effective Date
NMFS is delaying, until March 7, 2007, the effective date of Sec.
622.9(a)(2), the VMS requirement, and Sec. 622.4(m)(1), the provision
requiring VMS as a condition of renewing or transferring a commercial
vessel permit for Gulf reef fish. NMFS is concerned that some fishers
may have delayed purchasing VMS because of uncertainty regarding
reimbursement by NMFS. Although NMFS published the notice announcing
availability of funds for reimbursement on October 31, 2006, the
current December 7, 2006, effective date for VMS compliance may not
provide adequate time for all affected fishers and approved VMS vendors
to purchase, install, and activate a NMFS-approved VMS. NMFS also
believes that some affected fishers, particularly those with minimal
red snapper or reef fish landings, may be deferring a decision on
purchasing a VMS until they receive information about their initial red
snapper IFQ share and allocation under the Gulf red snapper IFQ program
and, thus, can better evaluate their overall profitability versus the
overall costs of VMS. NMFS anticipates that initial red snapper IFQ
share/allocation information will be available by mid-November--less
than a month prior to the current effective date for the VMS
requirements. Finally, the overall VMS costs, including installation
and continuing operational costs, may be a factor in some part-time or
marginal reef fish fishers' decision to remain in the fishery. A delay
in the effective date of the provision requiring VMS as a condition of
permit renewal or transfer would provide more time for such fishers to
make a reasoned business decision and to renew and/or transfer their
permit prior to the VMS effective date if they so choose. For all of
these reasons, NMFS is delaying the effective date of Sec. Sec.
622.9(a)(2) and 622.4(m)(1) until March 7, 2007.
Classification
The Administrator, Southeast Region, NMFS, (RA) has determined that
delaying the effective date of VMS requirements for vessels with
commercial vessel permits for Gulf reef fish is necessary for
management of the fishery and to minimize adverse social and economic
impacts. The RA has also determined that this rule is consistent with
the Magnuson-Stevens Fishery Conservation and Management Act and other
applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
Pursuant to 5 U.S.C. 533(b)(B), there is good cause to waive prior
notice and opportunity for public comment on this action as notice and
comment would be impracticable and contrary to the public interest.
This final rule merely delays the effective date of the VMS
requirements and VMS-related permit renewal requirements set forth in
the regulations implementing Amendment 18A. Delaying the effective date
of these provisions will provide affected vessel owners and operators
additional time to come into compliance with the VMS requirements. Some
owners and operators may have delayed purchase and installation of
required VMS units because of uncertainty regarding possible
reimbursement by NMFS. NMFS has recently implemented a reimbursement
program applicable to these VMS requirements. Delaying the effective
date will allow affected owners and operators more time to make an
informed business decision regarding which approved VMS system would be
best for them given the available reimbursement. In addition, those
owners and operators with relatively small landings of reef fish,
including red snapper landings, may need to consider the overall costs
of VMS, including installation and operating costs, relative to the
owner's profitability, including their potential red snapper individual
fishing quota (IFQ) share and allocation under the proposed red snapper
IFQ program. Some of these fishers may choose to sell their commercial
vessel permit for Gulf reef fish and exit the fishery. Delaying the
effective date of the provision that requires a VMS as a condition of
renewing or transferring a permit would facilitate that option. A delay
in the effective date of these two provisions will provide such owners
and operators more time to make well-reasoned business decisions
regarding overall VMS costs and their future in the reef fish fishery.
For these same reasons, there is good cause to waive the 30-day delayed
effectiveness provision of the APA for these measures pursuant to 5
U.S.C. 553(d)(3). Failure to waive prior notice and opportunity for
public comment or failure to waive the 30-day delayed effectiveness
provision of the APA for these measures would result in these measures
becoming effective on December 7, 2006, rather than providing affected
fishers additional time to come into compliance with these measures as
intended by this rule.
This final rule is exempt from the procedures of the Regulatory
Flexibility Act because the rule is issued without opportunity for
prior notice and opportunity for public comment.
This rule refers to collection-of-information requirements subject
to the Paperwork Reduction Act (PRA) and which have been approved by
OMB under Control Number 0648-0544. Public reporting for these
requirements is estimated to average 4 hours for VMS installation, 15
minutes for completion and submission of certification of VMS
installation and activation, 24 seconds for transmission of position
reports, 2 hours for annual maintenance of VMS, 10 minutes for
submission of requests for power-down exemptions, and 15 minutes for
annual renewal of all permits. These estimates include the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding these burden
estimates or any other aspect of this data collection, including
suggestions for reducing burden hours, to NMFS (see
[[Page 70682]]
ADDRESSES) and by e-mail to David_Rostker@omb.eop.gov, or fax to 202-
395-7285.
Notwithstanding any other provision 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.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 1, 2006.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 06-9570 Filed 12-4-06; 1:11 pm]
BILLING CODE 3510-22-P