[Federal Register Volume 71, Number 128 (Wednesday, July 5, 2006)]
[Rules and Regulations]
[Pages 38112-38114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5981]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 680

[Docket No. 060420106-6163-02; 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; Crab 
Economic Data Reports

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 implement revision of the annual 
economic data reports (EDRs) 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 (CR Program) to submit accurate and 
complete data on an EDR for the previous fishing year. This action is 
intended to promote the goals and objectives of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act).

DATES: Effective on July 5, 2006.

ADDRESSES: Copies of the Regulatory Impact Review/Final Regulatory 
Flexibility Analysis (RIR/FRFA) prepared for this action are available 
from: NMFS Alaska Region, P.O. Box 21668, Juneau, AK 99802, Attn: Ellen 
Walsh, Records Officer, and on the Alaska Region, NMFS, website at 
http://www.fakr.noaa.gov 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 
final rule may be submitted to NMFS, Alaska Region at the above 
address, and by email to [email protected], or fax to 202-395-
7285.

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

SUPPLEMENTARY INFORMATION:

Background

    The CR Program includes a comprehensive economic data collection 
requirement to help the North Pacific Fishery Management Council

[[Page 38113]]

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 individual EDR is required for both historical data and annual 
data and for each of four categories of participants in the CR Program 
fisheries: catcher vessel, catcher/processor, stationary floating crab 
processor, and shoreside crab processor. This rule applies only to the 
annual EDR due date.

Need for Action

    Originally, May 1 was chosen 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 2 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.
    The EDR data are used to study the economic impacts of the CR 
Program on harvesters, processors, and communities. Extending the EDR 
submittal deadline will result in improved data quality (improved 
utility, objectivity, and integrity of the data); improved usefulness 
of the data to its intended users; help to ensure that accurate, 
reliable, and unbiased information is provided; and ease the 
submitters' burden to timely compile and submit the information.
    Timely submission of a completed annual EDR is a condition to 
receiving any annual CR Program crab permit from the NMFS Restricted 
Access Management (RAM) Program office. Providing additional time to 
file EDRs should not delay issuance of annual CR Program individual 
fishing and processing permits, Registered Crab Receiver permits, 
Federal Crab Vessel permits, and cooperative permits. RAM will issue 
all annual CR Program crab permits approximately one month after the 
June 28 deadline.

Response to Comments on the Proposed Rule (71 FR 25808, May 2, 2006)

    NMFS received 2 letters of comment on the proposed rule. The 
following summarizes and responds to these comments.
    Comment 1: A commenter contended that industry members provide NMFS 
with inaccurate and biased information. The commenter also stated that 
NMFS must do more to ensure accuracy.
    Response: Industry members have significant incentives to submit 
accurate and complete information. The economic data collection program 
requires submitters' participation in audits. Anyone who submits 
fraudulent or inaccurate data risks civil and criminal enforcement 
penalties.
    Comment 2: A commenter stated support for the reporting deadline 
change, observing that it is the only way to avoid having most of the 
industry out of compliance.
    Response: NMFS agrees.
    NMFS has considered the comments, but determined they do not 
provide any reason to reconsider or change the proposed rule.

Classification

    The Administrator, Alaska Region, NMFS (Regional Administrator), 
has determined that this final rule is necessary for the conservation 
and management of the BSAI crab fisheries. The Regional Administrator 
also has determined that this final rule is consistent with the 
Magnuson-Stevens Act and other applicable laws.
    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866.
    NMFS prepared a final regulatory flexibility analysis (FRFA) as 
required by section 603 of the Regulatory Flexibility Act. The FRFA 
describes the economic impact this rule would have on small entities. A 
description and objective of the action 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 FRFA is available from 
NMFS (see ADDRESSES). The following summarizes the FRFA.
    The FRFA evaluates the annual EDR submittal deadline revision 
impacts on small entities. In addition, the FRFA addresses the 
Regulatory Flexibility Act of 1980, as amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 601 612). The 
FRFA specifically addresses the section 604(a) requirements.
    The EDRs require data from small entity fishing operations as 
identified by the Small Business Administration. This action applies to 
311 entities, consisting of 275 catcher vessels, 12 catcher/processors, 
20 shoreside processors, and 4 stationary floating crab processors. 
This action also applies to 6 Western Alaska Community Development 
Quota (CDQ) groups, which are considered small entities. Each of these 
CDQ groups is organized as a not-for-profit entity, and none is 
dominant in its field. Approximately 238 small entities own crab 
harvesting vessels or crab catcher/processors. Eight processors qualify 
as small entities.
    Compared with the current fishery, the number of small entities 
required to submit EDRs is anticipated to decrease dramatically over 
time. This decrease could result from BSAI crab operations 
consolidation, BSAI crab buyback program fleet reduction, and 
cooperatives formation. 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 small entities is anticipated to shrink 
from pre-quota fishery numbers.
    This final rule contains a collection-of-information requirement 
subject to the Paperwork Reduction Act (PRA) that has been approved by 
the Office of Management and Budget (OMB) under Control Number 0648 
0518. Public reporting burden per individual response is estimated to 
average 7.5 hours for annual catcher vessel EDRs; 12.5 hours for annual 
catcher/processor EDRs; 10 hours for annual stationary floating crab 
processor EDRs; and 10 hours for annual shoreside processor EDRs.
    Response time 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 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

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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.
    The Assistant Administrator for Fisheries, NOAA (AA) finds good 
cause to waive the 30-day delay in effective date under 5 U.S.C. 
553(d)(3). The delay normally provides affected persons time to prepare 
for compliance with the requirements of the rule. The AA has determined 
that it is in the public interest that the date change take effect 
immediately. This final rule does not change existing regulatory 
requirements specifying EDR content, so affected persons will not 
require time to prepare for compliance with new substantive 
requirements regarding EDR content. This final rule extends the filing 
deadline, and affected persons do not need additional time to prepare 
for compliance with the new deadline.

Small Entity Compliance Guide

    NMFS will post a small entity compliance guide on the Internet at 
http://www.fakr.noaa.gov to satisfy the Small Business Regulatory 
Enforcement Fairness Act of 1996 which requires a plain language guide 
to assist small entities in complying with this rule. Contact NMFS to 
request a hard copy of the guide (see ADDRESSES).

List of Subjects in 50 CFR Part 680

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: June 28, 2006.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

0
For the reasons set out in the preamble, NMFS amends 50 CFR part 680 as 
follows:

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

0
1. The authority citation for part 680 continues to read as follows:

    Authority: 16 U.S.C. 1862.


Sec.  680.6  [Amended]

0
2. In the following table, 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.

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                                                          Frequency per
     Location            Remove              Add            paragraph
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paragraphs         May 1              June 28           2
 (b)(1), (d)(1),
 (f)(1), and
 (h)(1)
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[FR Doc. 06-5981 Filed 6-29-06; 12:46 pm]
BILLING CODE 3510-22-S