[Federal Register Volume 69, Number 113 (Monday, June 14, 2004)]
[Rules and Regulations]
[Page 32900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13315]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 040112010-4167-03; I.D. 122203A]
RIN 0648-AN17


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast (NE) 
Multispecies Fishery; Amendment 13 Regulatory Amendment

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

ACTION: Final rule, regulatory amendment.

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SUMMARY: The final rule to implement Amendment 13 to the NE 
Multispecies Fishery Management Plan (Amendment 13) was published on 
April 27, 2004, and the majority of measures became effective on May 1, 
2004. This final rule, regulatory amendment amends observer 
notification requirements of Amendment 13 to relieve a restriction. The 
required observer notification period for groundfish Days-at-Sea (DAS) 
vessels fishing in the U.S./Canada Management Area is reduced from 5 
working days to 72 hours. The intent is to provide maximum flexibility 
to the fishing industry while still meeting the requirements and 
objectives of the management program.

DATES: Effective June 10, 2004.

FOR FURTHER INFORMATION CONTACT: Thomas Warren, Fishery Policy Analyst, 
(978) 281-9347, fax (978) 281-9135, e-mail [email protected].

SUPPLEMENTARY INFORMATION: The April 27, 2004, final rule implementing 
Amendment 13 (69 FR 22906) included an administrative measure for the 
purpose of selecting vessels for observer coverage. Vessel owners who 
choose to fish in either of the two U.S./Canada Management Areas, must 
provide notice to NMFS of the vessel name, contact name for 
coordination of observer deployment, telephone number for contact, 
date, time and port of departure at least 5 working days prior to the 
beginning of any trip that is declared into the U.S./Canada Management 
Area. The goal of this requirement was to obtain a level of observer 
coverage on NE multispecies vessels fishing in the U.S./Canada 
Management Area that is consistent with the rest of the fishery (i.e., 
10 percent for the 2004 fishing year). The objective is to provide 
notification to the NMFS Observer Program of planned trips, prior to 
the departure of the trip, so that the Observer Program has sufficient 
time to contact and deploy observers.
    Although a notification period of 5 working days was determined to 
be optimal in terms of the operational requirements of the NMFS 
Observer Program, public comments received from numerous industry 
members have indicated that a shorter notification requirement would 
provide vessels greater flexibility to react to contingencies such as 
weather developments. Upon further consideration, NMFS has determined 
that a notification period of 72 hours represents a balance between the 
requirements of the Observer Program and the interests of the fishing 
industry, while still meeting the objectives of Amendment 13. 
Therefore, this final rule reduces the notification time for groundfish 
DAS vessels prior to departure of a trip into the U.S./Canada 
Management Area from 5 working days to 72 hours.

Classification

    The Assistant Administrator for Fisheries, NOAA, finds good cause 
pursuant to 5 U.S.C 553(b)(B) to waive the requirement to provide prior 
notice and the opportunity for public comment on this regulatory 
amendment as such procedures are unnecessary and contrary to the public 
interest. The timing of the advance notification for the purposes of 
placing observers on fishing vessels is purely a NMFS administrative 
function. The objective of the advance notification is to allow the 
Observer Program sufficient time to contact and deploy observers. 
Reducing the notification period from five days to three days does not 
impact the fishery management measures that became effective on May 1, 
2004. In addition, numerous industry members, the fishery management 
council and the State of Maine, requested a reduction to the 
notification period. Fisherman will benefit from a shorter notification 
period because it will provide vessels greater flexibility to react to 
contingencies such as weather developments, while still allowing 
sufficient time to place observers on vessels. Further, the AA has 
determined that the 30-day delay in effectiveness requirement under 5 
U.S.C. 553(d)(1) is not applicable because this action relieves a 
restriction as described in the SUPPLEMENTARY INFORMATION section of 
this rule.
    This action is authorized by 50 CFR part 648 and is exempt from 
review under 12866. This action modifies a collection-of-information 
requirement for the purposes of the Paperwork Reduction Act. Although 
the costs associated with this reporting requirement do not change as a 
result of this final rule, the burden to the industry will be reduced 
because this rule relieves a restriction.
    Because prior notice and an opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other applicable law, 
the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 
601 et seq.,are not applicable.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: June 7, 2004.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

0
For the reasons stated in the preamble, 50 CFR part 648 is amended 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.  648.85, the last sentence in paragraph (a)(3)(ii) is 
revised to read as follows:


Sec.  648.85  Special management programs.

    (a) * * *
    (3) * * *
    (ii) * * * For the purposes of selecting vessels for observer 
deployment, a vessel fishing in either of the U.S./Canada Management 
Areas specified in paragraph (a)(1) of this section, must provide 
notice to NMFS of the vessel name, contact name for coordination of 
observer deployment, telephone number for contact, date, time and port 
of departure, at least 72 hours prior to the beginning of any trip 
which it declares into the U.S./Canada Management Area as required 
under this paragraph (a)(3)(ii).
* * * * *
[FR Doc. 04-13315 Filed 6-10-04; 8:45 am]
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