[Federal Register Volume 61, Number 45 (Wednesday, March 6, 1996)]
[Rules and Regulations]
[Pages 8890-8891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5182]



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DEPARTMENT OF COMMERCE
50 CFR Part 683

[Docket No. 950803202-6040-02; I.D. 070395C]
RIN 0648-AH48


Western Pacific Bottomfish Fisheries; Enforcement of Permit and 
Other Requirements

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues a final rule to make minor changes to regulations 
governing the Bottomfish Fisheries of the Western Pacific Region. In 
addition to making some technical changes, the rule requires operators 
of bottomfish vessels to display their official number to enhance 
enforcement, and fish dealers to make available to authorized officers 
records of fish landings and sales they are required by state law to 
maintain to facilitate monitoring of the fishery. These changes are 
intended to make existing regulations clearer and more effective.

EFFECTIVE DATE: April 4, 1996.

ADDRESSES: Send comments on the collection-of-information requirement 
to Ms. Hilda Diaz-Soltero, Director, Southwest Region, NMFS, 501 West 
Ocean Boulevard, Suite 4200, Long 

[[Page 8891]]
Beach, CA 90802-4213 and to the Office of Information and Regulatory 
Affairs, Office of Management and Budget, ATTN: Paperwork Reduction 
Project 0648-0306, Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Mr. James Morgan, 310-980-4036; or 
Alvin Z. Katekaru, 808-973-2985.

SUPPLEMENTARY INFORMATION: The Western Pacific Fishery Management 
Council recommended that NMFS amend the existing regulations governing 
the bottomfish fishery to make the regulations clearer and more 
effective. The changes made by this final rule were proposed in the 
Federal Register on August 18, 1995 (60 FR 43106). The public comment 
period on the proposed changes ended on October 16, 1995. No comments 
were received.
    The final rule makes the following changes in addition to a number 
of editorial changes:
    1. Adding a prohibition to the prohibitions section of the 
regulations to clarify that fishing for bottomfish in the Mau Zone of 
the Northwestern Hawaiian Islands without a permit is unlawful;
    2. Adding a requirement that the official number of a bottomfish 
vessel be prominently displayed; and
    3. Adding a requirement that any person, such as fish dealers, make 
available to authorized officers records of fish landings and sales 
that are required to be maintained by state law.

Classification

    This action has been determined to be not significant for the 
purposes of E.O. 12866.
    Notwithstanding any other provision 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 Paperwork Reduction Act, unless the collection of 
information displays a currently valid OMB Control Number.
    This rule contains a collection of information requirement subject 
to the PRA, namely the requirement that vessels display their official 
number in a specified manner. This collection of information has been 
approved by OMB under OMB Control Number 0648-0306, which expires 
September 29, 1998. The burden estimate for compliance is 45 minutes. 
Send comments regarding this burden estimate, or any other aspect of 
this collection of information, including suggestions for reducing this 
burden to Hilda Diaz-Soltero, NMFS, or the Office of Information and 
Regulatory Affairs, OMB (see ADDRESSES).

List of Subjects in 50 CFR Part 683

    Administrative practice and procedure, Fisheries, Reporting and 
recordkeeping requirements.

    Dated: February 29, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 683 is amended 
as follows:

PART 683--WESTERN PACIFIC BOTTOMFISH AND SEAMOUNT GROUNDFISH 
FISHERIES

    1. The authority citation for part 683 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    2. In Sec. 683.2, the definition of ``Council'' is revised to read 
as follows:


Sec. 683.2  Definitions.

* * * * *
    Council means the Western Pacific Fishery Management Council, 1164 
Bishop Street, Suite 1405, Honolulu, HI 96813, 808-522-8220.
* * * * *
    3. In Sec. 683.4, paragraph (d) is added to read as follows:


Sec. 683.4  Recordkeeping and reporting.

* * * * *
    (d) Any person who is required by state laws and regulations to 
maintain records of landings and sales for vessels regulated by this 
part, shall make those records immediately available for Federal 
inspection and copying upon request by an authorized officer.
    4. In Sec. 683.6, paragraphs (i) and (j) are amended by removing 
the word ``fishing'' and replacing it with the word ``fish''; and 
paragraphs (f) through (k) are redesignated as paragraphs (g) through 
(l), respectively, and paragraphs (f), (m), and (n) are added to read 
as follows:


Sec. 683.6  Prohibitions.

* * * * *
    (f) Fish for bottomfish in the Mau Zone without a permit issued 
under Sec. 683.21.
* * * * *
    (m) Fail to affix and maintain vessel markings, as required by 
Sec. 683.9.
    (n) Refuse to make available to an authorized officer for 
inspection any records that must be made available in accordance with 
Sec. 681.4.
    5. Sections 683.9 and 683.10 are redesignated as Secs. 683.10 and 
683.11, respectively, and a new Sec. 683.9 is added as follows:


Sec. 683.9  Vessel identification.

    (a) Official number. Each fishing vessel subject to this part must 
display its official number on the port and starboard sides of the 
deckhouse or hull, and on an appropriate weather deck so as to be 
visible from enforcement vessels and aircraft.
    (b) Numerals. In each of the three locations specified in paragraph 
(a), the official number must appear in block Arabic numerals at least 
18 inches (45.7 cm) in height for fishing vessels of 65 ft (19.8 m) in 
length or longer, and at least 10 inches (25.4 cm) in height for other 
vessels. Markings must be legible and of a color that contrasts with 
the background.
    (c) Duties of operator. The operator of each fishing vessel subject 
to this part must:
    (1) Keep the displayed official number clearly legible and in good 
repair; and
    (2) Ensure that no part of the vessel, its rigging, or its fishing 
gear obstructs the view of the official number from an enforcement 
vessel or aircraft.


Sec. 683.29  [Amended]

    6. In Sec. 683.29, paragraph (a) is amended by removing the 
telephone number ``808-955-8831'' and adding, in its place ``808-973-
2939''.
[FR Doc. 96-5182 Filed 3-5-96; 8:45 am]
BILLING CODE 3510-22-F