[Federal Register Volume 73, Number 107 (Tuesday, June 3, 2008)]
[Rules and Regulations]
[Pages 31646-31647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12340]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 070706269-8586-01]
RIN 0648-AV71


Fisheries of the Exclusive Economic Zone Off Alaska; Individual 
Fishing Quota Program; Alaska Individual Fishing Quota On-line 
Services; Recordkeeping and Reporting

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 modify the Individual Fishing 
Quota (IFQ) Program for the fixed-gear commercial Pacific halibut 
fishery and sablefish fishery by revising regulations describing on-
line access to IFQ account information specific to those fisheries. The 
action would improve the efficiency of the Pacific Halibut and 
Sablefish IFQ Program and is intended to promote the goals and 
objectives of Northern Pacific Halibut Act and the Magnuson-Stevens 
Fishery Conservation and Management Act.

DATES: Effective July 3, 2008.

ADDRESSES: 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, P. O. Box 
21668, Juneau, AK 99802 or the Alaska Region NMFS website at http://www.alaskafisheries.noaa.gov and by e-mail to [email protected], or fax to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, 907-586-7008.

SUPPLEMENTARY INFORMATION: The groundfish fisheries in the exclusive 
economic zone (EEZ) off Alaska, which include sablefish, but not 
halibut, are managed under the Fishery Management Plan for Groundfish 
of the Bering Sea and Aleutian Islands Management Area and the Fishery 
Management Plan for Groundfish of the Gulf of Alaska (FMPs). The North 
Pacific Fishery Management Council (Council) prepared the FMPs under 
the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 et seq. 
Regulations implementing the FMPs appear at 50 CFR part 679. General 
regulations governing U.S. fisheries also appear at 50 CFR part 600.
    Management of the Pacific halibut fisheries in and off Alaska is 
governed by an international agreement, the ``Convention Between the 
United States of America and Canada for the Preservation of the Halibut 
Fishery of the Northern Pacific Ocean and Bering Sea,'' which was 
signed at Ottawa, Canada, on March 2, 1953, and was amended by the 
``Protocol Amending the Convention,'' signed at Washington, D.C., March 
29, 1979. The Convention is implemented in the United States by the 
Northern Pacific Halibut Act of 1982 (Halibut Act).
    The directed commercial Pacific halibut fishery in Alaska is 
managed under an Individual Fishing Quota (IFQ) Program, as is the 
fixed gear sablefish fishery. The IFQ Program is a limited-access 
management system. Both species are also a part of the annual 
apportionment under the Western Alaska Community Development Quota 
(CDQ) Program. These programs are codified at 50 CFR part 679.

[[Page 31647]]

Background

    NMFS Alaska Region Restricted Access Management (RAM) Program 
allows persons active in the Halibut and Sablefish IFQ Program to 
access their IFQ accounts to obtain account and vessel balances, to get 
landing ``ledger'' reports, and to pay annual cost recovery fees. 
Persons active in the program include permit holders who actively fish 
and fish processors who are also known as Registered Buyers of halibut 
and sablefish.
    In recent years, RAM increased on-line services for program 
participants. To enhance security and prevent unauthorized access to 
on-line accounts, RAM has shifted away from short personal 
identification numbers, such as ``1234'', in combination with permit 
numbers or permit-linked passwords to more secure user identification 
(userID) and personal passwords. Administratively, this shift was fully 
completed for Registered Buyers in 2005, who must submit a variety of 
reports. However, the regulations at section 679.5(l)(7)(i)(C)(3) 
continued to require that Registered Buyers use a personal 
identification number to submit IFQ Buyer Reports. Buyer Reports 
contain information relevant to the IFQ cost recovery program.
    This action revises regulations to allow persons to access their 
IFQ Program accounts with more secure userIDs and passwords. 
Specifically, this rule changes the requirements for electronically 
submitting an IFQ Buyer Report. Paragraph 679.5(l)(7)(i)(C)(3)(ii) is 
redesignated as Sec.  679.5(l)(7)(i)(C)(3)(iii) and revised to read 
``Non-electronic submittal: Certification, including the printed name 
and signature of the individual submitting the IFQ Buyer Report on 
behalf of the Registered Buyer, and date of signature.'' New Sec.  
679.5(l)(7)(i)(C)(3)(ii) is added to read ``Electronic submittal: 
Certification, including the NMFS ID and password of the IFQ Registered 
Buyer''. In addition, a heading ``IFQ retro-payments'' is added to 
Sec.  679.5(l)(7)(i)(C)(3)(i) for heading format consistency.

Classification

    Pursuant to section 305(d) of the Magnuson-Stevens Act, NMFS has 
determined that this final rule is consistent with the FMPs and other 
provisions of the Magnuson-Stevens Act. NMFS has determined that this 
amendment is necessary for the conservation and management of the 
halibut fishery and is consistent with the Halibut Act and other 
applicable law.
    This rule has been determined to be not significant for purposes of 
Executive Order 12866.
    This rule contains a collection-of-information requirement subject 
to the Paperwork Reduction Act (PRA) and which has been approved by the 
Office of Management and Budget (OMB) under Control Number 0648-0398. 
Public reporting burden for the IFQ Registered Buyer Ex-vessel Volume 
and Value Report is estimated to average two hours per response, 
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 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 action will not increase recordkeeping and reporting costs.
    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator of 
Fisheries finds good cause to waive prior notice and opportunity for 
public comment. NOAA finds that prior notice and opportunity for public 
comment are unnecessary. The changes to the password instructions are 
minor changes that do not substantively change the regulatory 
requirements. Affected persons are presently providing passwords that 
this regulatory change will otherwise require. Prior notice and 
opportunity for public comment are not required for this rule by 5 
U.S.C. 553, or any other law, so the analytical requirements of the 
Regulatory Flexibility Act, 5 U.S.C. 601 et. seq. are inapplicable. 
Because this action makes only non-substantive changes to part 679, 
this rule is not subject to the 30-day delay in effective date 
requirement of 5 U.S.C. 553(d).

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: May 28, 2008.
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 679 is amended as 
follows:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

0
1. The authority citation for part 679 continues to read as follows:

    Authority: 16 U.S.C. 773 et seq., 1801 et seq., 3631 et seq.; 
Pub. L. 108-447.

0
2. In Sec.  679.5, paragraph (l)(7)(i)(C)(3) is revised to read as 
follows:


Sec.  679.5  Recordkeeping and reporting (R&R).

* * * * *
    (l) * * *
    (7) * * *
    (i) * * *
    (C) * * *
    (3) Value paid for price adjustments--(i) IFQ retro-payments. The 
monthly total U.S. dollar amount of any IFQ retro-payments (correlated 
by IFQ species, landing month(s), and month of payment) made in the 
current year to IFQ permit holders for landings made during the 
previous calendar year;
    (ii) Electronic submittal. Certification, including the NMFS ID and 
password of the IFQ Registered Buyer; or
    (iii) Non-electronic submittal. Certification, including the 
printed name and signature of the individual submitting the IFQ Buyer 
Report on behalf of the Registered Buyer, and date of signature.
* * * * *
[FR Doc. E8-12340 Filed 6-2-08; 8:45 am]
BILLING CODE 3510-22-S