[Federal Register Volume 71, Number 235 (Thursday, December 7, 2006)]
[Proposed Rules]
[Pages 70939-70941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20721]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 061113298-6298-01; I.D. 110106A]
RIN 0648-AU91


Fisheries Off West Coast States; Highly Migratory Species 
Fisheries

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

ACTION: Proposed rule; request for comments.

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[[Page 70940]]

SUMMARY: NMFS proposes to revise the method for renewing and replacing 
permits issued under the Fishery Management Plan(FMP) for U.S. West 
Coast Fisheries for Highly Migratory Species (HMS). Permits are 
required for all commercial vessels and all recreational charter 
vessels participating in HMS fisheries managed under the FMP. NMFS 
proposes to modify the renewal process by substituting the month 
corresponding to the vessel identification number with the last day of 
the vessel owner's birth month as the renewal date. NMFS also proposes 
to require that vessel owners who want a duplicate permit submit a 
completed application form to NMFS. These proposed regulations are 
needed to improve the efficiency and timeliness of the permit system.

DATES: Comments must be received by 5 p.m. Pacific Standard Time 
January 8, 2006.

ADDRESSES: You may submit comments on this proposed rule identified by 
[I. D. 110106A] by any of the following methods:
     E-mail: [email protected]. Include [I.D. 110106A] in 
the subject line of the message.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 562-980-4047, Attn. Mark Helvey.
     Mail to: Rodney R. McInnis, Regional Administrator, 
Southwest Region, NMFS, 501 West Ocean Boulevard, Suite 4200, Long 
Beach, CA 90802.
     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 Mark Helvey, Sustainable 
Fisheries Division (SFD) Southwest Region, NMFS, 501 West Ocean 
Boulevard, Suite 4200, Long Beach, CA 90802 and by e-mail to [email protected], or fax to (202) 395-7285.

FOR FURTHER INFORMATION CONTACT:  Mark Helvey, NMFS, Southwest Region, 
SFD, (562) 980-4040.

SUPPLEMENTARY INFORMATION: These proposed regulations would modify the 
process NMFS uses to renew and replace permits in the U. S. West Coast 
HMS fisheries managed under the HMS FMP. The FMP was prepared by the 
Pacific Fishery Management Council and was implemented through 
regulations at 50 CFR part 660 under authority of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act), 16 
U.S.C. 1801 et seq.

Background

    NMFS requires a permit for all commercial vessels and all 
recreational charter vessels that fish for HMS in the U.S. exclusive 
economic zone (EEZ) off the States of California, Oregon, and 
Washington, or land or transship HMS shoreward of the outer boundary of 
the U.S. EEZ off the States of California, Oregon, and Washington. The 
purpose of the HMS permit is to identify vessels in the HMS fisheries 
so that NMFS knows those participants who need to be contacted when 
management information is required and who to notify when potential 
management actions affecting the fisheries are being considered.
    The requirement for a permit was established by final rule 
implementing the approved portions of the FMP for HMS published on 
April 7, 2004 (69 FR 18444). These permits were initially issued in 
2005 after publishing a Federal Register notice on February 10, 2005 
(70 FR 7022), that announced approval by the Office of Management and 
Budget of the collection-of-information components of the permit 
system.

Permit Renewal

    Permits are issued to the managing owner of a specific vessel for a 
2-year term. The initial issuance of HMS permits began in 2005 and 
these permits will expire beginning in 2007. NMFS initially developed a 
permit term renewal process intentionally staggered so that there will 
be less likelihood of an excessive number of renewals at any one time 
of the year. NMFS used the last day of the month designated by the last 
digit of the vessel identification number as determining the renewal 
date for expiring permits (e.g., if the vessel identification number 
ends in 3, the renewal date is March 31, 2 years later). This procedure 
extends the renewal process over a 10-month term: January through 
October.
    Based on the high number of permits in effect, NMFS proposes to 
modify this process by using the last day of the managing vessel 
owner's birth month as the renewal date. The managing vessel owner's 
date of birth is required in the Pacific HMS Vessel Permit Application 
and is currently contained in the Pacific HMS Vessel Permit database. 
NMFS believes that staggering the renewal process over 12 months rather 
than 10 months will improve the efficiency of the permit renewal 
process. This first renewal date under the new system would be the last 
day of the vessel owner's birthday month in the second calender year 
after the permit is issued. NMFS anticipates that the system presented 
in this proposed rule should result in delivery of permits to vessel 
operators in a more efficient manner. This proposed rule does not 
require any new information to be provided by the applicant. A 
Southwest Region Pacific HMS Vessel Permit Application form may still 
be obtained from the SFD (see ADDRESSES) or downloaded from the 
Southwest Region home page (http://swr.nmfs.noaa.gov/permits.htm) to 
apply for a permit under this section. A completed application is one 
that contains all the required information and signatures.

Replacement Permits

    Replacement permits are issued by NMFS to vessel owners to replace 
lost or mutilated permits. Vessel owners with a lost or mutilated 
permit primarily notify NMFS by telephone when requesting a replacement 
permit. NMFS has never established a formal process to provide 
replacement permits, but the number of requests for replacements over 
the past year make it clear that such a process is required. NMFS 
proposes that vessel owners requiring a replacement permit submit a new 
completed application form to NMFS by mail or fax (see ADDRESSES).

Classification

    This proposed rule revises procedures for renewing and replacing 
permits issued under regulations implementing the HMS FMP published in 
69 FR 18444 on April 7, 2004. The Regional Administrator, NMFS 
Southwest Region, determined that this proposed rule is consistent with 
the Magnuson-Stevens Fishery Conservation and Management Act, codified 
at 16 U.S.C. 1801 et seq.
    This proposed rule has been determined to be not significant for 
the purposes of Executive Order (E.O.) 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities 
as follows:
    Based on the high number of permits in effect, NMFS proposes to 
modify this process by using the last day of the managing vessel 
owner's birth month as the renewal date. The managing vessel owner's 
date of birth is required in the Pacific HMS Vessel Permit 
Application (application) and is currently contained in the Pacific 
HMS Vessel Permit database. Staggering renewals over 12 months 
rather than 10 months is expected to maximize the efficiency of the 
permit renewal process. This proposed rule does not

[[Page 70941]]

require any new information to be provided by the applicant or 
impose any substantive costs.
    Replacement permits are issued by NMFS to vessel owners to 
replace lost or mutilated permits. Vessel owners with a lost or 
mutilated permit primarily notify NMFS by telephone when requesting 
a replacement permit. NMFS has never established a formal process to 
provide replacement permits, but the number of requests for 
replacements over the past year (approximately 50) make it clear 
that such a process is required. NMFS proposes that vessel owners 
requiring a replacement permit submit a completed application form 
to NMFS by mail or fax. The estimated reporting burden to prepare 
the single page, application averages 0.42 hours per vessel, 
including the time for reviewing instructions, searching existing 
data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information NMFS 
recognizes that the duration of time between the initial application 
and completing a second one to obtain a replacement permit dictates 
the reporting burden and certainly the longer the time span between 
the two, the closer the applicant would come to the 0.42 hour 
estimate. NMFS has also estimated that of the 1800 permits issued 
since April, 2005, approximately 50 were replaced in 2006 creating 
an annualized burden of 21 hours. The permits are currently free and 
the only cost (other than time) would be that of submitting the 
application (e.g., up to 39 cents postage).
    The revised method for renewing permits will not place any new 
or additional burdens on HMS vessel owners. For replacing permits, 
HMS vessel owners will need to take the time to complete a second 
application form and mail or fax it to NMFS. NMFS also does not 
anticipate a drop in profitability based on this rule, as it should 
not have an affect on a vessel owner's ability to harvest HMS. 
Therefore, the proposed action, if implemented, will not have a 
significant impact on a substantial number of small entities.
    A fishing vessel is considered a ``small'' business by the U.S. 
Small Business Administration (SBA) if its annual receipts not in 
excess of $3.5 million. Since all of the vessels fishing for West 
Coast HMS have annual receipts below $3.5 million they would all be 
considered small businesses under the SBA standards. Therefore this 
rule will not create disproportionate costs between small and large 
vessels/businesses.
    Based on the analysis above, the Department of Commerce has 
determined that there will not be a significant economic impact to a 
substantial number of these small entities. Therefore, NMFS did not 
prepare an Initial Regulatory Flexibility Analysis.
    As a result, a regulatory flexibility analysis is not required and 
none has been prepared.
    This proposed rule for permit renewals references a collection-of-
information requirement subject to the Paperwork Reduction Act (PRA) 
that was approved by OMB under control number 0648-0204. Public 
reporting burden for preparing a HMS Vessel Permit Application is 
estimated to average 0.42 hours per vessel, including 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 ADDRESSEES) 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.

List of Subjects in 50 CFR Part 660

    Administrative practice and procedure, Permits.

    Dated: November 30, 2006.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, NMFS proposes to amend 50 
CFR part 660 as follows:

PART 660--FISHERIES OFF WEST COAST STATES

    1. The authority citation for part 660 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.
    2. In Sec.  660.707, paragraphs (b)(4) and (b)(5)are revised to 
read as follows:


Sec.  660.707  Permits.

    (b) * * *
    (4) Permits issued under this subpart will remain valid until the 
first date of renewal, and permits may be subsequently be renewed for 
2-year terms. The first date of renewal will be the last day of the 
owner's birth month in the second calendar year after the permit is 
issued (e.g., if the birth month is March and the permit is issued on 
October 3, 2007, the permit will remain valid through March 31, 2009).
    (5) Replacement permits may be issued without charge to replace 
lost or mutilated permits. Replacement permits may be obtained by 
submitting to the SFD c/o the Regional Administrator a complete, signed 
vessel permit application. An application for a replacement permit is 
not considered a new application.
* * * * *
[FR Doc. E6-20721 Filed 12-6-06; 8:45 am]
BILLING CODE 3510-22-S