[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Proposed Rules]
[Pages 77589-77590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30242]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 080226308-81499-01]
RIN 0648-AW50


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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SUMMARY:  NMFS issues a proposed rule to initiate collection of a 
permit fee for vessel owners participating in commercial and charter 
recreational fishing for highly migratory species (HMS) in the 
Exclusive Economic Zone (EEZ) off the West Coast of California, Oregon, 
and Washington. The HMS permits are issued under implementing 
regulations for the Fishery Management Plan for U.S. West Coast 
Fisheries for Highly Migratory Species (HMS FMP).

DATES: Comments must be received by January 20, 2009.

ADDRESSES: You may submit comments, identified by 0648-AW50, by any one 
of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov
     Fax: 562-980-4047, Attn: Chris Fanning, Permits 
Coordinator.
     Mail: Rodney R. McInnis, Regional Administrator, Southwest 
Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802 
4213.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information. NMFS will accept 
anonymous comments (enter N/A in the required fields if you wish to 
remain anonymous). Attachments to electronic comments will be accepted 
in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
    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 Rodney R. McInnis at the address 
listed above and by e-mail to [email protected], or fax to 
(202) 395-7285.

FOR FURTHER INFORMATION CONTACT: Chris Fanning, Permits Coordinator, 
Sustainable Fisheries Division, NMFS, 562-980-4198.

SUPPLEMENTARY INFORMATION: On April 7, 2004, NMFS published a final 
rule to implement the HMS FMP (69 FR 18444) that included mandatory 
permit requirements at 50 CFR 660.707. At the time, there was no cost 
passed on to the vessel owners for the preparation and issuance of the 
permit. NMFS now proposes to charge an administrative fee for the 
recovery of HMS permit processing and issuance expenses. NMFS initiates 
rulemaking for this action pursuant to procedures established at 50 CFR 
660.717(d) of the implementing regulations for the HMS FMP.
    This proposed rule would specify that an application for an HMS 
permit, including the renewal of an existing permit, would include a 
fee payable by the vessel owner. The fee amount required will be 
determined in accordance with the NOAA Finance Handbook available at 
(http://www.corporateservices.noaa.gov/~finance/FinanceHandbook.htm) 
and specified on the application form. The fee amount is expected to be 
approximately $30-$40 at this time.

Background

    Section 303(b)(1) of the Magnuson-Stevens Fishery Conservation and 
Management Act (MSA), 16 U.S.C. 1853(b)(1), authorizes the inclusion of 
a requirement for permit fees in fishery management plans. Section 
304(d) of the MSA specifies that such fees may not exceed the 
administrative costs of issuing the permits. Historically, only some 
fishery management plans have authorized the collection of permit fees, 
resulting in a set of inconsistent permit fee policies around the 
country. NMFS has issued a policy directive (No. 30-120, effective 
January 3, 2005 and renewed in 2007) to establish a more consistent 
agency permit program that recovers the expense of permit processing 
and issuance for all permits issued by NMFS to the extent authorized by 
law. Policy directive No. 30-120 is available at: http://www.nmfs.noaa.gov/directives/.
    In this case, the original Fishery Management Plan for U.S. West 
Coast Fisheries for Highly Migratory Species, as approved by NOAA in 
2004, already included authority to collect permit fees. NMFS proposes 
to exercise this authority through this rulemaking.

Classification

    NMFS has determined that this proposed rule is consistent with the 
HMS FMP and preliminarily determined that this proposed rule is 
consistent with the Magnuson-Stevens Fishery Conservation and 
Management Act and other applicable laws, subject to public review and 
comment.
    Information collection requirements for HMS Permits have been 
previously approved by OMB under the Southwest Region Family of Forms 
(OMB Control Number 0648-0204). This approval is valid through April 
30, 2010. An amendment to this approved collection of information has 
been submitted and is undergoing review by OMB. The amendment would 
incorporate the permit fee collection component of this proposed rule, 
if finalized. Public reporting burden for the payment of HMS permit 
fees is estimated to average 5 minutes or less per response, including 
the time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection information.
    Public comment is sought regarding: whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Send comments on 
these or any other aspects of the collection of information to NMFS 
Southwest Region at the ADDRESSES above, 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, and no person shall be subject to 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 proposed rule has been determined to be significant for 
purposes of Executive Order 12866.

[[Page 77590]]

    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. 
The factual basis for this certification is as follows:
    Approximately 1,772 HMS commercial and recreational charter 
vessels were permitted under the HMS FMP to operate off the U.S. 
West Coast in 2007, the most recent year for which annual data are 
available. These vessels are considered small business entities 
under NAICS Code 114111 with annual per vessel revenues under 
$4,000,000. Ex-vessel revenue for HMS landings on the West Coast in 
2007 was approximately $21,000,000 which equates to an average of 
approximately $11,000 per vessel. The anticipated permit fee amount 
would be a very minor component of these vessels annual operating 
expenses which are estimated to be in the tens of thousands of 
dollars.
    As a result, an initial regulatory flexibility analysis is not 
required and none has been prepared.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: December 15, 2008.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 660 is 
proposed to be amended as follows:

PART 660--FISHERIES OFF THE WEST COAST STATES

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

    Authority: 16 U.S.C. 1801 et seq.
    2. A new paragraph (e) is added to Sec.  660.707 to read as 
follows:


Sec.  660.707  Permits.

* * * * *
    (e) Fees. An application for a permit, or renewal of an existing 
permit under paragraph (b)(1) of this section will include a fee for 
each vessel. The fee amount required will be calculated in accordance 
with the NOAA Finance Handbook and specified on the application form.
[FR Doc. E8-30242 Filed 12-18-08; 8:45 am]
BILLING CODE 3510-22-S