[Federal Register Volume 71, Number 84 (Tuesday, May 2, 2006)]
[Proposed Rules]
[Pages 25808-25810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6614]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 680

[Docket No. 060420106-6106-01; I.D. 041706B]
RIN 0648-AU44


Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands King and Tanner Crab Fishery Resources; Economic 
Data Reports

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues a proposed rule that would change the economic 
data report (EDR) submission deadline from May 1 to June 28. This 
action is necessary to provide adequate time for crab harvesters and 
processors participating in the Bering Sea and Aleutian Islands Crab 
Rationalization Program to submit accurate and complete data on an EDR 
for the previous fishing year and permit enough time for issuance of 
crab permits for the current year. This action is intended to promote 
the goals and objectives of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act).

DATES: Written comments must be received by May 17, 2006.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn:

[[Page 25809]]

Records Officer. Comments may be submitted by:
     Mail: P.O. Box 21668, Juneau, AK 99802.
     Hand delivery to the Federal Building: 709 West 9th 
Street, Room 420A, Juneau, AK.
     Fax: 907-586-7557.
     E-mail: [email protected]. Include in the 
subject line of the e-mail the following document identifier: IERS. E-
mail comments, with or without attachments, are limited to 5 megabytes.
     Webform at the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions at that site for 
submitting comments.
    Copies of the Regulatory Impact Review/Initial Regulatory 
Flexibility Analysis (RIR/IRFA) prepared for this action are available 
from NMFS Alaska Region at the above address, from the NMFS Alaska 
Region Web site at http://www.fakr.noaa.gov/index/analyses/analyses.asp, or by calling the Alaska Region, NMFS, at 907-586-7228.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted to NMFS, Alaska Region at the above 
address, and by e-mail to [email protected], or fax to 202-
395-7285.

FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, 907-586-7008 or 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Crab Rationalization Program (CR Program) includes a 
comprehensive economic data collection program to aid the North Pacific 
Fishery Management Council and NMFS assess the success of the CR 
Program and develop amendments to the CR Program. An EDR contains cost, 
revenue, ownership, and employment data. These data are collected 
annually from the crab harvesting and processing sectors, including 
owners and lessees of catcher vessels, catcher/processors, and owners 
and operators of shoreside and floating processors. The data are used 
to study the economic impacts of the CR Program on harvesters, 
processors, and communities. Data submission is mandatory.
    An EDR is required for historical data and annual data for each of 
four categories of participant in the CR fisheries: catcher vessel, 
catcher/processor, stationary floating crab processor, and shoreside 
crab processor. This rule would apply only to the annual EDRs.
    This action would not add reporting, recordkeeping, and other 
compliance requirements. The number of small-entity respondents is 
anticipated to decrease dramatically compared with the current fishery. 
This decrease is due to the consolidation of BSAI crab operations from 
initial quota allocation, fleet reduction of 25 vessels in the BSAI 
crab buyback program, and from the opportunity to form cooperatives. 
Most of the EDR historical data were collected during this first year 
of the CR Program as a one-time submission. After the submission of 
historical data, small entities continuing to participate in the crab 
fisheries are required to submit an annual EDR. The number of crab 
harvesting entities that continue to meet SBA criteria for being small 
entities is anticipated to be greatly reduced over the pre-quota 
fisheries.

Need for Action

    NMFS originally chose May 1 as the EDR submission deadline because 
NMFS estimated that data records would be readily available after the 
April 15 income tax filing deadline. However, several individuals have 
reported that a May 1 deadline for annual EDRs does not allow enough 
time for preparers to match EDR data to comprehensive and accurate 
financial documentation, such as financial statements and tax returns. 
When preparers request tax extensions, tax returns and statements are 
seldom complete by May 1. Even if taxes were submitted by April 15, EDR 
preparers have only two weeks to gather tax forms from preparers, 
complete the EDRs, and file them by May 1. This short period leaves 
little time to complete EDR data entry fields and could adversely 
affect the quality of data reported on EDRs.
    Providing additional time to file EDRs should not delay issuance of 
annual quota share permits. Timely submission of a completed annual EDR 
is a condition to receiving an annual quota share permit from the NMFS 
Restricted Access Management Program office (RAM). The Pacific States 
Marine Fisheries Commission reports names of those with completed EDRs 
filings to RAM shortly after the EDR filing deadline. RAM will issue 
annual quota share permits approximately one month after the EDR filing 
deadline.

Classification

    NMFS has determined that the proposed rule is consistent with the 
Magnuson-Stevens Act and other applicable laws. This rule has been 
determined to be not significant for the purposes of Executive Order 
12866.
    NMFS prepared an initial regulatory flexibility analysis (IRFA) as 
required by section 603 of the Regulatory Flexibility Act. The IRFA 
describes the economic impact this proposed rule, if adopted, would 
have on small entities. A description of the action, why it is being 
considered, and the legal basis for this action are contained at the 
beginning of the preamble and in the SUMMARY section of this document. 
A copy of the IRFA is available from NMFS (see ADDRESSES). A summary of 
the analysis follows:
    The EDRs require data from fishing operations that are small 
entities as identified by the Small Business Administration (SBA). This 
action would apply to 311 entities, consisting of 275 catcher vessels, 
12 catcher/processors, 20 shoreside processors, 4 stationary floating 
crab processors. This action would also apply to 6 Western Alaska 
Community Development Quota (CDQ) groups. Approximately 238 small 
entities own crab harvesting vessels or crab catcher/processors. Eight 
processors qualify as small entities. Each of the six CDQ groups is a 
small entity.
    This action would not add reporting, recordkeeping, and other 
compliance requirements. The number of small-entity respondents is 
anticipated to decrease dramatically compared with the current fishery. 
This decrease is due to the consolidation of BSAI crab operations from 
initial quota allocation, fleet reduction of 25 vessels in the BSAI 
crab buyback program, and from the opportunity to form cooperatives. 
Most of the EDR historical data were collected during this first year 
of the CR Program as a one-time submission. After the submission of 
historical data, small entities continuing to participate in the crab 
fisheries are required to submit an annual EDR. The number of crab 
harvesting entities that continue to meet SBA criteria for being small 
entities is anticipated to be greatly reduced over the pre-quota 
fisheries.
    This rule contains a collection-of-information requirement subject 
to the Paperwork Reduction Act (PRA) that has been approved by OMB 
under Control Number 0648-0518. Public reporting burden per individual 
response is estimated to average 7.5 hours for annual catcher vessel 
EDR; 12.5 hours for annual catcher/processor EDR; 10 hours for annual 
stationary floating crab processor EDR; and 10 hours for annual 
shoreside processor EDR. Response time estimates include the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing

[[Page 25810]]

the collection of information. Send comments regarding this burden 
estimate, or any other aspect of this data collection, including 
suggestions for reducing the burden, to NMFS (see ADDRESSES) and by e-
mail to [email protected], or fax to 202-395-7285.
    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 PRA, unless that collection of information displays 
a currently valid OMB control number.
    This rule does not duplicate, overlap, or conflict with other 
Federal regulations.
    This action does not have any adverse impacts on regulated small 
entities.

List of Subjects in 50 CFR Part 680

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: April 26, 2006.
William T. Hogarth
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 680 is 
proposed to be amended as follows:

PART 680--SHELLFISH FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF 
ALASKA

    1. The authority citation for part 680 continues to read as 
follows:

    Authority: Authority: 16 U.S.C. 1862.


Sec.  680.6  [Amended]

    2. In the table below, for each of the paragraphs shown in the 
``Location'' column, remove the phrase indicated in the ``Remove'' 
column and replace it with the phrase indicated in the ``Add'' column 
for the number of times indicated in the ``Frequency per paragraph'' 
column.

------------------------------------------------------------------------
                                                          Frequency per
     Location            Remove              Add            paragraph
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Sec.   680.6       May 1              June 28           2
 paragraphs
 (b)(1), (d)(1),
 (f)(1), and
 (h)(1)
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[FR Doc. E6-6614 Filed 5-1-06; 8:45 am]
BILLING CODE 3510-22-S