[Federal Register Volume 64, Number 130 (Thursday, July 8, 1999)]
[Rules and Regulations]
[Pages 36780-36782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17372]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 622

[Docket No. 980427104-8227-02; I.D. 120597B]
RIN 0648-AK29


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Shrimp Fishery Off the Southern Atlantic States; Certification of 
Bycatch Reduction Devices; OMB Control Numbers

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

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to prescribe additional procedures 
for the testing and certification of bycatch reduction devices (BRDs) 
for use in penaeid shrimp trawls in the exclusive economic zone (EEZ) 
in the South Atlantic. The use of BRDs in all such trawls became 
mandatory under the final rule implementing Amendment 2 to the Fishery 
Management Plan for the Shrimp Fishery of the South Atlantic Region 
(FMP). This rule completes implementation of the Testing Protocol for 
BRD Certification and includes a paragraph providing details on the 
testing and certification procedures. It also adds four previously 
omitted measures to the list of measures that may be implemented or 
modified through the framework procedures contained in Amendment 2 for 
adjusting management measures. Finally, NMFS informs the public of the 
approval by the Office of Management and Budget (OMB) of the 
collection-of-information requirement associated with this rule and 
publishes the OMB control number for this collection. The testing and 
certification procedures prescribed by this rule are intended to foster 
the development of alternative BRDs that meet the bycatch reduction 
criterion for Spanish mackerel and weakfish, while minimizing 
inconvenience to fishermen and/or loss of shrimp. The addition of 
management measures that may be adjusted via the framework procedures 
is intended to fully implement the amendment's provisions for enhancing 
the ability of the South Atlantic Fishery Management Council (Council) 
and NMFS to react in a timely manner to changes in the fishery or to 
new data.

DATES: This rule is effective July 8, 1999, except that the amendment 
to Sec. 622.48(h) is effective August 9, 1999.

ADDRESSES: Comments regarding the collection-of-information requirement 
associated with this rule should be sent to Edward E. Burgess, 
Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St. 
Petersburg, FL 33702, and to the Office of Information and Regulatory 
Affairs, Office of Management and Budget (OMB), Washington, DC 20503 
(Attention: NOAA Desk Officer).
    Requests for copies of the Bycatch Reduction Device Testing 
Protocol Manual should be sent to the South Atlantic Fishery Management 
Council, One Southpark Circle, Suite 306, Charleston, SC 29407-4699; 
Phone: 843-571-4366; Fax: 843-769-4520.

FOR FURTHER INFORMATION CONTACT: Peter J. Eldridge, 727-570-5305.

SUPPLEMENTARY INFORMATION: The shrimp fishery in the EEZ of the South 
Atlantic is managed under the FMP. The FMP was prepared by the Council 
and is implemented under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) by regulations 
at 50 CFR part 622.
    On June 3, 1998, NMFS published and requested comments on a 
proposed rule (63 FR 30174) to implement the measures that are now 
incorporated in this final rule. The background and rationale for the 
proposed rule and associated measures are contained in the preamble to 
the proposed rule and are not repeated here.

Comments on the Proposed Rule

    No comments on the proposed rule were received.

Changes From the Proposed Rule

    In Sec. 622.41(g)(3)(ii), the exemption language is revised to be 
more precise and to be consistent with similar provisions elsewhere in 
the regulations.
    In the appendix containing an additional paragraph from the Testing 
Protocol for BRD Certification, NMFS changes the mandatory language 
requiring state directors to collect, review, and submit information to 
NMFS. NMFS has reviewed the administrative record and finds this change 
is consistent with the Council's intent and with OMB's collection-of-
information approval based on the Testing Protocol Manual.
    In addition, NMFS revises that paragraph to more accurately reflect 
the information that may be collected based on the manual's data 
collection forms approved by OMB.
    Under NOAA Administrative Order 205-11, 7.01, dated December 17, 
1990, the Under Secretary for Oceans and Atmosphere, Department of 
Commerce, has delegated authority to sign material for publication in 
the Federal Register to the Assistant Administrator for Fisheries, NOAA 
(AA).

Classification

    The Regional Administrator, Southeast Region, NMFS, with the 
concurrence of the AA, determined that the measures implemented by this 
rule are necessary for the conservation and management of the shrimp 
fishery off the southern Atlantic states and that the measures are 
consistent with the Magnuson-Stevens Act and other applicable law.
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Chief Counsel for Regulation of the Department of Commerce has 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this rule would not

[[Page 36781]]

have a significant economic impact on a substantial number of small 
entities. No comments were received regarding this certification. As a 
result, a regulatory flexibility analysis was not prepared.
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall a person be subject to a penalty for failure 
to comply with, a collection of information subject to the requirements 
of the Paperwork Reduction Act (PRA) unless that collection of 
information displays a currently valid OMB control number.
    This rule contains a collection-of-information requirement subject 
to the PRA--namely, the BRD certification process, consisting of an 
application for the testing of a new BRD, the testing itself, and the 
submission of the test results. This collection of information has been 
approved by OMB under OMB control number 0648-0345. The public 
reporting burden for this collection of information is estimated at 151 
hours per application, testing, and submission of results. The estimate 
of the public reporting burden for this collection of information 
includes the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collections of information. Send comments regarding this 
burden estimate or any other aspect of the data requirement, including 
suggestions for reducing the burden, to NMFS and to OMB (see 
ADDRESSES).
    The revisions in Secs. 622.7(bb), 622.41(g)(1) and (g)(3), and the 
addition to the uncodified appendix containing the Testing Protocol for 
BRD Certification are essential for implementation of a procedure for 
testing alternative BRDs that, if certified, could result in improved 
finfish bycatch reduction and/or reduction in shrimp loss. At minimum, 
any BRD certified via this testing procedure would increase the 
approved BRD options available to participants in the fishery. This 
would give participants greater choice in selecting an approved BRD 
that is optimal for their particular fishing operation. Timely 
implementation of this rule will expedite BRD testing and potential 
certifications of additional BRDs which is in the best interest of the 
affected public. Accordingly, under 5 U.S.C. 553(d)(3), the AA, for 
good cause, finds that it would be unnecessary and contrary to the 
public interest to delay for 30 days the effective date of these 
measures.

List of Subjects

15 CFR Part 902
    Reporting and recordkeeping requirements.

50 CFR Part 622

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.

    Dated: July 1, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 15 CFR part 902 and 50 CFR 
part 622 are amended as follows:

15 CFR Chapter IX

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

    1. The authority citation for part 902 continues to read as 
follows:

    Authority: 44 U.S.C. 3501 et seq.

    2. In Sec. 902.1, in the table, in paragraph (b), under 50 CFR, the 
following entry is added in numerical order to read as follows:


Sec. 902.1  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

    (b) * * *

------------------------------------------------------------------------
                                             Current OMB control number
 CFR part or section where the information  (All numbers begin with 0648-
     collection requirement is located                    )
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                  *        *        *        *        *
50 CFR
 
                  *        *        *        *        *
622.41(g)(3)                                -0345
 
                  *        *        *        *        *
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50 CFR Chapter VI

PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC

    3. The authority citation for part 622 continues to read as 
follows:

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

    4. In Sec. 622.7, paragraph (aa) is added, and paragraph (bb) is 
reserved to read as follows:


Sec. 622.7  Prohibitions.

* * * * *
    (aa) Falsify information submitted on the testing of a BRD or the 
results of such testing, as specified in Sec. 622.41(g)(3)(i).
    (bb) [Reserved]
    5. In Sec. 622.41, the first sentence of paragraph (g)(1) is 
revised and paragraph (g)(3) is added to read as follows:


Sec. 622.41  Species specific limitations.

* * * * *
    (g) * * *
    (1) * * * Except as exempted in paragraph (g)(3)(ii) of this 
section, on a penaeid shrimp trawler in the South Atlantic EEZ, each 
trawl net that is rigged for fishing and has a mesh size less than 2.50 
inches (6.35 cm), as measured between the centers of opposite knots 
when pulled taut, and each try net that is rigged for fishing and has a 
headrope length longer than 16.0 ft (4.9 m), must have a certified BRD 
installed. * * *
* * * * *
    (3) Certification of BRDs--(i) A person who seeks to have a BRD 
certified for use in the South Atlantic EEZ must submit an application 
to test such BRD, conduct the testing, and submit to the RD the results 
of the test conducted and recorded in accordance with the Testing 
Protocol for BRD Certification, which along with forms and procedures, 
is included in the Bycatch Reduction Device Testing Protocol Manual 
which is available from the SAFMC, One Southpark Circle, Suite 306, 
Charleston, SC 29407-4699, and from the RD. A BRD that meets the 
certification criterion, as determined under the Testing Protocol for 
BRD Certification, will be added to the list of certified BRDs in 
paragraph (g)(2) of this section.
    (ii) A penaeid shrimp trawler that is authorized to test a BRD in 
the EEZ for possible certification, has such written authorization on 
board, and is conducting such test in accordance with the Testing 
Protocol for BRD Certification is granted a limited exemption from the 
BRD requirement specified in paragraph (g)(1) of this section. The 
exemption from the BRD requirement is limited to those trawls that are 
being used in the certification trials. All other trawls rigged for 
fishing must be equipped with certified BRDs.
* * * * *
    6. In Sec. 622.48, paragraph (h) is revised to read as follows:


Sec. 622.48  Adjustment of management measures.

* * * * *
    (h) South Atlantic shrimp. BRD certification criteria, BRD 
specifications, BRD testing protocol, certified BRDs, nets required to 
use BRDs, and times and locations when the use of BRDs is required.
* * * * *
    7. The Testing Protocol for BRD Certification published as an 
uncodified appendix to the final rule implementing Amendment 2 to the 
FMP on April 16, 1997 (62 FR 18536) is amended by

[[Page 36782]]

adding the following paragraph at the end thereof:

Appendix--Testing Protocol for BRD Certification

    Note: This Appendix will not appear in the code of Federal 
Regulations.
* * * * *
    Before conducting any certification test, or series of tests, in 
state waters, a person must meet any applicable state requirements for 
notification and approval. Persons planning to conduct certification 
tests in both state waters and the EEZ have two options. The person may 
submit an application for certification testing in the EEZ directly to 
the RD. Alternatively, if state approval is required, a person may 
submit the required application to conduct BRD testing in the EEZ to 
the appropriate state director or designee, and the state could forward 
copies to the RD for concurrent approval for EEZ waters. Under either 
option, the application to conduct BRD testing in the EEZ must identify 
the sponsor of the tests and include the information solicited by the 
Vessel Information Form and the Gear Specification Form. Once the RD 
determines that the application is complete and all applicable 
regulations are satisfied, the RD will issue the applicant a letter of 
authorization to conduct BRD testing in the EEZ.
[FR Doc. 99-17372 Filed 7-7-99; 8:45 am]
BILLING CODE 3510-22-F