[Federal Register Volume 72, Number 232 (Tuesday, December 4, 2007)]
[Rules and Regulations]
[Pages 68096-68097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23513]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 071106654-7655-01]
RIN 0648-AW20


Fisheries of the Northeastern United States; Regulatory Amendment 
to Modify Recordkeeping and Reporting and Observer Requirements; 
Correction

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

ACTION: Final rule; correcting amendment.

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SUMMARY: On April 23, 2007, NMFS published in the Federal Register a 
final rule to implement measures requiring observers for participating 
hagfish vessels in the Federal Register as part of the hagfish 
information collection program. On June 13, 2007, NMFS published a 
separate final rule that inadvertently deleted these regulations 
implemented in the April 23, 2007, rule. This correcting amendment 
corrects this error by reinstating the language regarding hagfish 
observer requirements.

DATES: Effective December 4, 2007.

FOR FURTHER INFORMATION CONTACT: Emily Bryant, Fishery Management 
Specialist, (978) 281-9244.

SUPPLEMENTARY INFORMATION: On October 3, 2006, the New England Fishery 
Management Council (Council) sent NMFS a request to prepare an 
information collection program for the Atlantic hagfish fishery under 
the provisions of section 402(a) of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act). On April 23, 
2007, in response to the Council's request, NMFS published a final rule 
to implement measures to modify the existing reporting and 
recordkeeping requirements for federally permitted seafood dealers/
processors and the observer requirements for participating hagfish 
vessels in the Federal Register (72 FR 20036). The adjustments made to 
the at-sea sea sampler/observer coverage regulations at 50 CFR 648.11 
through the April 23, 2007, final rule were inadvertently deleted when 
another final rule that revised the same section of regulations was 
published in the Federal Register on June 13, 2007 (72 FR 32549). This 
correcting amendment corrects this error by reinstating language 
previously added to 50 CFR 648.11, stating that under the hagfish 
information collection program, any vessel owner/operator that fishes 
for, catches, or lands hagfish, or intends to fish for, catch, or land 
hagfish in or from the exclusive economic zone (EEZ) will be required 
to carry an observer when requested by the Regional Administrator. This 
language is reinstated so as to maintain the regulatory text 
implementing Amendment 13 of the Atlantic Sea Scallop Fishery 
Management Plan.

Classification

    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator finds 
good cause to waive prior notice and opportunity for additional public 
comment for this action because any delay of this action would be 
contrary to the public interest. As explained above, this rule 
reinstates regulatory text that had already been implemented but was 
unintentionally and inadvertently deleted during the implementation of 
another unrelated rule. Observer coverage is particularly important to 
determine potentially high discard rates that have been reported to 
occur in the hagfish fishery in order to determine what management 
measures may be necessary to reduce such discard. Further, without data 
collected from the observer program, the status of the stock can not be 
adequately determined and it is not possible to capture accurately the 
geographic and seasonal aspects of the fishery, which reflect overseas 
demand, and ensure that the resource may be sustained for future years. 
Without this information, future management efforts cannot be developed 
and, therefore, will be delayed unnecessarily. Such a delay may 
negatively impact commercial fishermen that fish for hagfish, who have 
reported that regional depletion in the fishery is occurring. Moreover, 
pursuant to 5 U.S.C. 553(d), the Assistant Administrator finds good 
cause to waive the 30-day delay in effective date for the reasons given 
above. Without data collected from the observer program, the status of 
the stock can not be adequately determined and it is not possible to 
capture accurately the geographic and seasonal aspects of the fishery, 
which reflect overseas demand, and ensure that the resource may be 
sustained for future years. Without this information, future management 
efforts cannot be developed and, therefore, will be delayed 
unnecessarily. Delaying the rule for 30 days may negatively impact 
fishermen who fish for hagfish and have observed regional depletion 
occurring in this fishery. In addition, the final rule that had added 
the subsequently deleted text had already been subjected to a 30-day 
delay in implementation and, therefore, an additional delay to correct 
the deletion is unnecessarily duplicative.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: November 28, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR part 648 is corrected 
by making a correcting amendment as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

    1. The authority citation for part 648 continues to read as 
follows:

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

0
2. In Sec.  648.11, paragraph (a) is revised to read as follows:


Sec.  648.11  At-sea sampler/observer coverage.

    (a) The Regional Administrator may request any vessel holding a 
permit for Atlantic sea scallops, NE multispecies, monkfish, skates, 
Atlantic mackerel, squid, butterfish, scup, black sea bass, bluefish, 
spiny dogfish, Atlantic herring, tilefish, or Atlantic deep-sea red 
crab; or

[[Page 68097]]

a moratorium permit for summer flounder; to carry a NMFS-certified 
fisheries observer. A vessel holding a permit for Atlantic sea scallops 
is subject to the additional requirements specific in paragraph (g) of 
this section. Also, any vessel or vessel owner/operator that fishes 
for, catches or lands hagfish, or intends to fish for, catch, or land 
hagfish in or from the exclusive economic zone must carry a NMFS-
certified fisheries observer when requested by the Regional 
Administrator in accordance with the requirements of this section.
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[FR Doc. E7-23513 Filed 12-3-07; 8:45 am]
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