Federal Register, Volume 88 Issue 24 (Monday, February 6, 2023)

[Federal Register Volume 88, Number 24 (Monday, February 6, 2023)]
[Rules and Regulations]
[Pages 7586-7591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02117]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Parts 679 and 680

[Docket No.: 230111-0005]
RIN 0648-BL50

Fisheries of the Exclusive Economic Zone Off Alaska; Revisions to
the Economic Data Reports Requirements; Amendment 52 to the Fishery
Management Plan for the Commercial King and Tanner Crab Fisheries of
the Bering Sea and Aleutian Islands

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS issues regulations to implement Amendment 52 to the
Fishery Management Plan for the Commercial King and Tanner Crab
Fisheries of the Bering Sea and Aleutian Islands (Crab FMP) and a
regulatory amendment to revise regulations on Economic Data Reports
(EDR) requirements for groundfish and crab fisheries off Alaska. This
final rule removes third party data verification audits and blind
formatting requirements from the Bering Sea and Aleutian Islands (BSAI)
crab fisheries EDR, the Bering Sea American Fisheries Act (AFA) pollock
fishery Chinook Salmon EDR, and the BSAI Amendment 80 fisheries EDR.
This action also eliminates the EDR requirements for the Gulf of Alaska
(GOA) trawl fisheries. This final rule is intended to promote the goals
and objectives of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act), the Crab FMP, the Fishery
Management Plans for Groundfish of the Gulf of Alaska Management Area
(GOA FMP) and for the Groundfish of the BSAI Management

[[Page 7587]]

Area (BSAI FMP), and other applicable laws.

DATES: Effective March 8, 2023.

ADDRESSES: Electronic copies of Amendment 52 to the Crab FMP, the
Regulatory Impact Review (referred to as the ``Analysis''), and the
Categorical Exclusion prepared for this rule may be obtained from
http://www.regulations.gov or from the NMFS Alaska Region website at
https://www.fisheries.noaa.gov/region/alaska.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
final rule may be submitted by mail to NMFS Alaska Region, P.O. Box
21668, Juneau, AK 99802-1668, Attn: Assistant Regional Administrator,
Sustainable Fisheries Division; and to www.reginfo.gov/public/do/PRAMain. Find the particular information collection by selecting
``Currently under 30-day Review--Open for Public'' or by using the
search function.

FOR FURTHER INFORMATION CONTACT: Scott A. Miller 907-586-7416.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the
exclusive economic zone (EEZ) off Alaska under the BSAI FMP and the GOA
FMP. NMFS manages the king and Tanner crab fisheries in the United
States EEZ of the BSAI under the Crab FMP. The North Pacific Fishery
Management Council (Council) prepared, and NMFS approved, the BSAI FMP,
the GOA FMP, and the Crab FMP under the authority of the Magnuson-
Stevens Act, 16 U.S.C. 1801 et seq.
A notice of availability for Amendment 52 to the Crab FMP was
published in the Federal Register on October 6, 2022, with comments
invited through December 5, 2022 (87 FR 60638). The proposed rule to
implement Amendment 52 and the regulatory amendments was published in
the Federal Register on November 1, 2022, with comments invited through
December 1, 2022 (87 FR 65724). NMFS received one comment letter from
one member of the public. The comment is summarized and responded to
under the heading ``Comments and Responses'' below.
A detailed review of the provisions and rationale for this action
is provided in the preamble to the proposed rule and is briefly
summarized in this final rule.

Background

Four EDR data collection programs are in place for crab and
groundfish fisheries in the EEZ off Alaska. These programs impose
mandatory annual data reporting requirements for regulated entities
participating in the BSAI Crab Rationalization (CR) fisheries, the AFA
pollock fishery, the BSAI Amendment 80 fisheries, and the GOA trawl
fisheries. The purposes of EDRs are to gather data and information to
improve the analyses developed by the Council on the social and
economic effects of the catch share or rationalization programs, to
understand the economic performance of participants in these programs,
and to help estimate impacts of future issues, problems, or revisions
to the programs covered by the EDRs.

CR Program EDR

The Crab EDR was implemented concurrently with the CR Program under
Amendments 18 and 19 of the BSAI Crab FMP (70 FR 10174, March 2, 2005).
The rule requiring the Crab EDR submission was codified in 50 CFR
680.6, which retroactively required participants to submit EDR forms
for 1998, 2001, and 2004 calendar year operations by June 1, 2005, as
well as to submit an annual Crab EDR form for calendar year 2005 and
thereafter by May 1 of each following year. Amendment 42 (78 FR 36122,
June 17, 2013) revised annual Crab EDR reporting requirements in order
to eliminate redundant reporting requirements, standardize reporting
across participants, and reduce costs associated with data collection.
The amended rule extended the annual submission deadline to July 31.
The reporting requirements for the Crab EDR apply to owners and
leaseholders of catcher vessels (CVs) and catcher/processors (CPs) with
landings of BSAI CR crab, including Community Development Quota (CDQ)
allocated crab, and owners and leaseholders of Registered Crab
Receivers (RCRs) who purchase and/or process landed BSAI CR crab during
a calendar year. For all groups, the annual submission requirement is
imposed on CR crab program participants who harvest, purchase, or
process CR crab.
The Crab EDR consists of reporting forms developed for three
respective sectors: the Crab CV EDR, Crab processor EDR, and the Crab
CP EDR. The CV and processor forms collect distinct sets of data
elements, with the CP form combining all data elements collected in the
CV form and applicable elements from the processor form. A complete
list of the data elements for each of the forms is in Section 3.2 of
the Analysis (see ADDRESSES).

Amendment 80 EDR

The Amendment 80 EDR was implemented on January 20, 2008 (72 FR
52668, September 14, 2007) as part of the Amendment 80 management
program and codified in regulation at 50 CFR 679.94. Amendment 80
allocated several BSAI non-pollock trawl groundfish species among trawl
fishery sectors and facilitated the formation of harvesting
cooperatives in the non-AFA trawl CP sector. The initial Amendment 80
EDR submissions were due June 1, 2009, reporting data for the 2008
calendar year. The Amendment 80 EDR reporting requirements applied to
all Amendment 80 Quota Share (QS) permit holders. Permit holders who
actively operated an Amendment 80 vessel were required to complete the
entire EDR form, while QS permit holders who did not operate a vessel
were required to complete portions of the form pertaining to QS permit
sale or lease costs and revenues.
When the GOA Trawl EDR program was implemented for both CV and CP
participants, it amended the Amendment 80 EDR at 50 CFR 679.94 to
include the CPs participating in GOA trawl fisheries. It also changed
the name of the form from the Amendment 80 EDR to the Annual Trawl CP
EDR. Additional reporting elements specific to GOA Trawl CPs were added
to the form. The rule also extended the requirement to complete all
portions of the EDR form to owners and leaseholders of any vessel named
on a License Limitation Program (LLP) groundfish license authorizing a
CP using trawl gear to harvest and process LLP groundfish species in
the GOA. The association between the GOA Trawl (CV and shoreside
processor) EDR and Annual Trawl CP EDR has resulted in confusion. For
the sake of clarity, in this final rule, the EDR currently specified
under 50 CFR 679.94 is referenced as the Amendment 80 EDR (rather than
the Annual Trawl CP EDR), and the EDR under 50 CFR 679.110(a)(1) and
(2) is referenced as the GOA Trawl EDR; any relevant distinctions or
overlaps are described as needed.
The Amendment 80 EDR form has been submitted annually by Amendment
80 QS holders since 2008. A complete list of the data elements for each
of the forms is in Section 3.2 of the Analysis (see ADDRESSES).

GOA Trawl EDR

The GOA Trawl EDR was implemented on January 1, 2015 (79 FR 71313,
December 2, 2014) and codified in regulation at 50 CFR 679.110. The
initial GOA Trawl EDR submissions

[[Page 7588]]

were due June 1, 2016, for reporting 2015 calendar year data. The GOA
Trawl EDR was implemented to collect relevant baseline information that
could be used to assess the impacts of a future catch share program on
affected harvesters, processors, and communities in the GOA. However,
Council action on a catch share program that addressed issues with GOA
bycatch management was suspended in December 2016, and no catch share
program exists for GOA harvesters, processors, and communities.
The intended submitters for the GOA Trawl EDR includes owners and
leaseholders of CVs and CPs active in the Central and Western GOA
groundfish trawl fishery and operators of shoreside processing
facilities that receive groundfish catch from the GOA. The EDR consists
of two distinct EDR forms, the GOA Trawl CV EDR and GOA Shoreside
Processor EDR. An additional EDR form overlaps with the Amendment 80
EDR, as described above.
The GOA Trawl CV EDR form is required for all trawl CVs that
harvested groundfish in the GOA during the previous year. The GOA
Shoreside Processor EDR form is required for all shore-based processors
that receive and process groundfish from GOA trawl fisheries. The
Annual Trawl CP EDR form is required for all vessel owners and
leaseholders that catch and process groundfish in the GOA trawl
fisheries. A complete list of the data elements for each of the forms
is in Section 3.2 of the Analysis (see ADDRESSES).

Amendment 91 Chinook Salmon EDR

The Amendment 91 EDR and additional record keeping and reporting
requirements associated with monitoring of Chinook salmon bycatch
avoidance measures for the AFA pollock fishery were implemented
concurrently on March 5, 2012 (77 FR 5389, February 3, 2012). The
implementation of the Amendment 91 EDR occurred approximately 17 months
after Amendment 91 (75 FR 53026, August 30, 2010) went into effect. The
initial submission of EDR forms required under 50 CFR 679.65 were due
on June 1, 2013, reporting data for the 2012 calendar year. The
Amendment 91 EDR was implemented to provide additional data to assess
the effectiveness of the Chinook salmon bycatch management measures in
the Bering Sea (BS) pollock fishery.
The Amendment 91 EDR reporting requirement applies to owners and
leaseholders of AFA CVs, CPs, and motherships active in the BS pollock
fishery and to entities eligible to receive Chinook salmon Prohibited
Species Catch (PSC) allocation, including AFA in-shore sector harvest
cooperative representatives, sector-based Incentive Plan Agreement
representatives, and CDQ group representatives. In addition, vessel
masters who actively participate in the AFA pollock fishery are
required to complete the Amendment 91 Vessel Master Survey form and
NMFS allows the owner or leaseholder of the vessel to submit this
information, from multiple vessel masters, electronically to reduce
respondent burden.
The Amendment 91 EDR program consists of three separate forms: the
Compensated Transfer Report (CTR), the Vessel Fuel Survey, and the
Vessel Master Survey. The CTR collects transaction data on all
compensated transfers of Chinook PSC by participants in the AFA
fishery. The CTR is to be completed by all entities participating as
lessor or lessee in compensated transfers of Chinook PSC. However, no
such transactions have ever been reported. The Vessel Fuel Survey form
is required for all AFA vessels that harvested BSAI pollock during the
previous year and collects information about the vessel's average fuel
consumption, the total amount in gallons of fuel loaded onto the
vessel, and total annual fuel cost. The Vessel Master Survey form is
used to determine the fishing and bycatch conditions observed during
the BSAI pollock fishery and factors that motivated Chinook salmon
bycatch avoidance. A complete list of the data elements for each of the
forms is in Section 3.2 of the Analysis (see ADDRESSES).

History and Need for This Action

The Council developed this action beginning in February 2018 and
made its final recommendation to NMFS after considerable public input
in February 2022. This action removes third party data verification
audits and blind formatting requirements from the Bering Sea and
Aleutian Islands (BSAI) crab fisheries EDR, the Bering Sea American
Fisheries Act (AFA) pollock fishery Chinook Salmon EDR (Amendment 91
EDR), and the BSAI Amendment 80 fisheries EDR, and eliminates the EDR
requirements for the Gulf of Alaska (GOA) trawl fisheries. Removing the
third party audit requirements reduces costs incurred for NMFS to
administer the EDR program and associated cost recovery fees paid by
industry while maintaining data quality due to the automated EDR data
verification procedures that remain in place. Additionally, enforcement
provisions exist for all recordkeeping and reporting requirements,
including the EDR program. A detailed explanation of the history of
this action and need for this action is provided in the preamble to the
proposed rule and not repeated here (87 FR 65724, November 1, 2022).

Final Rule

This final rule removes or revises regulations at 50 CFR parts 679
and 680. This final rule removes third-party data verification audits
for the Crab EDR, the Amendment 91 EDR, and the Amendment 80 EDR and
removes blind formatting requirements for the Crab EDR. This action
also eliminates the GOA Trawl EDR requirements.

Eliminating Data Verification Audits

This final rule removes the data verification audit requirements at
Sec. 679.65(e), Sec. 679.94(b), and Sec. 680.6(f). Removal of the
audit authorization eliminates the need for the data collection agent
(DCA) to contract with a third-party auditor to conduct the audit
portion of the data verification. EDR data verification currently
employs a series of mainly automated validation procedures, including
an audit process with the DCA. Except for removal of the audit process,
these data validation procedures remain and continue to ensure the data
reported are error-free. Enforcement actions will continue in cases of
noncompliance with the EDR provisions as part of normal enforcement of
recordkeeping and reporting requirements.
This final rule also removes the definitions for ``Designated data
collection auditor'' at Sec. 679.2 and ``Auditor'' at Sec. 680.2.
Because this final rule removes the EDR audit requirements, these
definitions are no longer needed.

Eliminating Blind Formatting

This final rule removes the definitions for ``Blind data'' at Sec.
679.2 and Sec. 680.2. Both definitions describe the required
formatting process to remove the personal identifiers to the data
collected from the EDRs. The identifiers include Federal fisheries
permit numbers and State of Alaska vessel registration numbers that are
essential data elements to analysts when developing reports and
documents based on EDR data. Removing the blind formatting requirements
makes the data aggregations and confidentiality protections for the
Crab EDR comparable to the requirements under the other EDR programs.
It also increases the usability and access to the EDR data for Council
and NMFS analysts.

[[Page 7589]]

Eliminating the GOA Trawl EDR

This final rule removes and reserves Subpart J--Gulf of Alaska
Trawl Economic Data. The original purpose of the GOA Trawl EDR was to
establish a baseline information collection that could be used to
assess the impacts of a catch share program. However, no catch share
program has been developed to date or is currently contemplated. The
original need for this data collection program has diminished since
2016 when the Council suspended work on a possible GOA catch share
program, calling into question the efficacy of continuing the program.
Eliminating the GOA Trawl EDR removes compliance costs for industry as
well as agency costs, as the GOA Trawl fishery is not managed under a
catch share program subject to cost recovery.
This final rule also revises the section heading at Sec. 679.94
and revises Sec. 679.94(a)(1) to remove GOA Trawl CPs from the
requirement to submit the Amendment 80 EDR form. When the GOA Trawl EDR
program was implemented, it required owners and leaseholders of any
vessel named on an LLP groundfish license authorizing a CP using trawl
gear to harvest and process LLP groundfish species in the GOA to
complete all portions of the Amendment 80 EDR form. This final rule
limits the Amendment 80 EDR requirement to Amendment 80 QS permit
holders alone.

Comments and Responses

NMFS received one unique comment from one member of the public on
the proposed rule.
Comment 1: The commenter asserts that removing data verification
allows increasing corruption in management of the North Pacific
fishery. The commenter further asserts that corrupt management by this
agency will result in fish species going extinct and further asserts
that this has happened in most areas managed by this agency. The
commenter further asserts that the commercial fishing industry has
undue influence in the management process and that management of the
public resource is being compromised by excessive quotas resulting in
starvation, and human predation, of marine mammals. Finally, the
commenter asserts that there is no environmental conservation
occurring, that there is no reason for this action, and that the action
is objectionable.
Response: NMFS acknowledges the comment regarding the proposed
rule's inadvertent removal of the DCA data verification process in
regulatory text edits. In accordance with the proposed rule's goal,
this final rule revises the regulations to remove only the
authorization for data verification audits. This final rule retains
data verification regulations and data verification procedures remain
in place. This final rule eliminates the automated audits of EDR
submissions, as analysis has shown that no data verification audit,
over the entire history of the EDR program, has resulted in a finding
of noncompliance. The remainder of the comment is outside of the scope
of this action. This final rule addresses the collection of EDR data
and is not intended to broadly manage commercial or subsistence
fisheries. NMFS manages commercial, recreational, and subsistence
fisheries consistent with the provisions of the Magnuson-Stevens Act
and other applicable law.

Changes From Proposed to Final Rule

NMFS made three changes to the final rule that are related to both
the comment received on the proposed rule and internal review. Namely,
this final rule corrects inadvertent errors in the regulatory text
included in the proposed rule. The preamble to the proposed rule
accurately stated that, except for the audit component, the data
verification process would remain in place. And, indeed, the Council
did not recommend removal of the data verification process by the DCA
and the Analysis prepared in support of this action specifically
indicates that the data verification procedures will continue. But the
proposed rule regulatory text edits inadvertently proposed deleting
data verification processes that were meant to remain in place. This
final rule corrects those errors as further detailed below.
First, in Sec. 679.65, which describes the Chinook Salmon EDR
program, NMFS inadvertently proposed deleting the entirety of paragraph
(e), which includes regulation text describing both the EDR
verification and audit procedures. This final rule revises the
introductory text to paragraph (e) to remove the references to audit
procedures and the associated designated data collection auditor
(DDCA). Paragraph (e)(1) is revised to change the reference to the DDCA
to the DCA; paragraph (e)(2), which describes the audit process, is
removed. Second, in Sec. 679.94, NMFS inadvertently proposed removing
the entirety of paragraph (b), which includes regulations pertaining to
both the EDR verification process and the audit process. This final
rule revises paragraph (b)(1) and (2) to remove only the reference to
the DDCA; paragraph (b)(3), which describes the audit process, is
removed. Third, NMFS inadvertently proposed removing the entirety of
Sec. Sec. 680.6(f) and (g). This final rule removes only paragraph
(f)(3), in order to remove the requirement to provide copies of
additional data to the DDCA. Removal of paragraph (f)(3) is consistent
with the removal of the third party audit process. Paragraph (g)
remains unchanged from the proposed rule and provides the DCA with the
authorization to request voluntary submission of economic data that may
be used in the data verification process, which will remain in place
after the removal of the third party audit process.

Other Regulatory Changes

This final rule revises regulations at Sec. Sec. 680.6(a)(2),
(a)(3), (c), (d), (e)(1), and (e)(2) to update the instructions for
submitting Crab EDR forms to be consistent with the submission
instructions for the Amendment 80 EDR implemented in 2008.

OMB Revisions to PRA References in 15 CFR 902.1(b)

Section 3507(c)(B)(i) of the Paperwork Reduction Act (PRA) requires
that agencies inventory and display a current control number assigned
by the Director of the Office of Management and Budget (OMB) for each
agency's information collection. Section 902.1(b) identifies the
location of NOAA regulations for which OMB approval numbers have been
issued. Because this rule discontinued the collection-of-information
for OMB Control Number 0648-0700 and removes Sec. 679.110, 15 CFR
902.1(b) is revised to correctly reference these changes.

Classification

Pursuant to sections 304(b) and 305(d) of the Magnuson-Stevens Act,
the NMFS Assistant Administrator has determined that this final rule is
consistent with the FMPs, other provisions of the Magnuson-Stevens Act,
and other applicable law.
This final rule has been determined to be not significant for the
purposes of Executive Order 12866.

Certification Under the Regulatory Flexibility Act

The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here.

[[Page 7590]]

No comments were received regarding this certification. As a result, a
regulatory flexibility analysis was not required and none was prepared.

Regulatory Impact Review

A Regulatory Impact Review was prepared to assess all costs and
benefits of available regulatory alternatives. A copy of this analysis
is available from NMFS (see ADDRESSES). The Council recommended
Amendment 52 and the regulatory revisions in this final rule based on
those measures that maximized net benefits to the Nation. Specific
aspects of the economic analysis are discussed above in the
Certification under the Regulatory Flexibility Act section.

Collection-of-Information Requirements

This final rule contains information collection requirements
subject to the PRA and which have been approved by the Office of
Management and Budget OMB. OMB has approved discontinuing OMB Control
Number 0648-0700 (Gulf of Alaska Catcher Vessel and Processor Trawl
EDR), which covered the economic data collection requirements for the
GOA Trawl EDR Program. OMB Control Number 0648-0700 was discontinued on
December 31, 2022.
This final rule contains collection of information requirements
subject to review and approval by OMB under the PRA. NMFS has submitted
these requirements to OMB for approval under OMB control numbers 0648-
0518 (Alaska Region Bering Sea and Aleutian Islands Crab EDRs); 0648-
0564 (Groundfish Trawl Catcher/Processor EDR); and 0648-0633 (Alaska
Chinook Salmon EDR). The public reporting burden for the information
collection requirements provided below includes the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.

OMB Control Number 0648-0518

NMFS revises and extends by three years OMB Control Number 0648-
0518. This collection covers the economic data collection requirements
for the CR Program and is necessary to monitor and evaluate the CR
Program.
This collection is revised to remove third-party data verification
audits and blind formatting requirements for the BSAI crab fisheries
EDR because this final rule removes these requirements. The three crab
EDR forms are revised to pre-fill data fields that do not change
frequently to reduce the burden of the crab EDR forms. Pre-filling the
data fields is estimated to reduce the respondent's data entry time by
15 minutes. However, since the burden hour estimates for the forms are
rounded to the nearest hour, this modest reduction will not decrease
the public reporting burden.
Public reporting burden per individual response is estimated to
average 20 hours each for the Annual Catcher Vessel Crab EDR and the
Annual CP Crab EDR, 16 hours for the Annual Processor Crab EDR, and 1
hour for an EDR certification page.
The estimated number of respondents for this collection is 77; the
estimated total annual burden hours is 1,449 hours; and the estimated
total annual cost to the public for recordkeeping and reporting costs
is $385.

OMB Control Number 0648-0564

NMFS revises and extends by three years OMB Control Number 0648-
0564. This collection covers the economic data collection requirements
for Amendment 80 and GOA trawl CPs. This collection is necessary to
help evaluate the Amendment 80 Program, including program-eligible
trawl CPs, and is used by NMFS and the Council to assess the impacts of
major changes in the groundfish management regime, including programs
for prohibited species catch species and target species.
This collection is revised to remove third-party data verification
audits for the Annual Trawl Catcher/Processor EDR and remove
requirements for the GOA Trawl EDR Program because this final rule
removes regulations for the audit authorization and eliminates the GOA
Trawl EDR Program. Eliminating the program simplifies the Annual Trawl
Catcher/Processor form. This form is revised to remove data fields that
are not being used in analyses and to pre-fill data fields that do not
change frequently. These changes to the form are expected to reduce the
time burden per respondent by approximately two hours.
Public reporting burden per individual response is estimated to
average 20 hours for the Annual GOA Trawl Catcher/Processor EDR.
The estimated number of respondents for this collection is 22; the
estimated total annual burden hours are 440 hours; and the estimated
total annual cost to the public for recordkeeping and reporting costs
is $110.

OMB Control Number 0648-0633

NMFS revises OMB Control Number 0648-0633 to remove the
verification audit for the Compensated Transfer Report because this
final rule removes the authorization for third party data verification
audits.
Public reporting burden per individual response is estimated to
average 40 hours for the Compensated Transfer Report, 4 hours for the
Vessel Fuel Survey, and 4 hours for the Vessel Master Survey.

Public Comment

We invite the general public and other Federal agencies to comment
on proposed and continuing information collections, which helps us
assess the impact of our information collection requirements and
minimize the public's reporting burden. Written comments and
recommendations for these information collections should be submitted
on the following website: http://www.reginfo.gov/public/do/PRAMain.
Find the particular information collection by using the search function
and entering either the title of the collection or the OMB Control
Number.
Notwithstanding any other provisions of 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. All currently approved NOAA collections of
information may be viewed at https://www.reginfo.gov/public/do/PRASearch.

List of Subjects

15 CFR Part 902

Reporting and recordkeeping requirements.

50 CFR Part 679

Alaska, Fisheries, Reporting and recordkeeping requirements.

50 CFR Part 680

Alaska, Reporting and recordkeeping requirements.

Dated: January 27, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.

For the reasons set out in the preamble, NMFS amends 15 CFR part
902 and 50 CFR parts 679 and 680 as follows:

Title 15--Commerce and Foreign Trade

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

0
1. The authority citation for part 902 continues to read as follows:

Authority: 44 U.S.C. 3501 et seq.

[[Page 7591]]

Sec. 902.1 [Amended]

0
2. In Sec. 902.1, in the table in paragraph (b), under the heading
``50 CFR'', remove the entry for ``679.110(a) through (f)''.
* * * * *

Title 50--Wildlife and Fisheries

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

0
3. The authority citation for 50 CFR 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; Pub. L. 111-281.

Sec. 679.2 [Amended]

0
4. In Sec. 679.2, remove the definitions for ``Blind data'' and
``Designated data collection auditor''.

0
5. In Sec. 679.65, revise paragraph (e) to read as follows:

Sec. 679.65 Bering Sea Chinook Salmon Bycatch Management Program
Economic Data Report (Chinook salmon EDR program).

* * * * *
(e) Chinook salmon EDR verification procedures. NMFS or the data
collection agent (DCA) will conduct verification of Chinook salmon EDR
information with the persons identified at Sec. 679.65(b)(1), (b)(2),
(c)(1), (d)(1)(i), and (d)(1)(ii).
(1) The persons identified at Sec. 679.65(b)(1), (b)(2), (c)(1),
(d)(1)(i), and (d)(1)(ii) must respond to inquiries by NMFS and its DCA
for purposes of the CTR, within 20 days of the date of issuance of the
inquiry.
(2) [Reserved].

0
6. In Sec. 679.94, revise the section heading, paragraph (a)(1),
paragraphs (b)(1) and (2), and remove paragraph (b)(3) to read as
follows:

Sec. 679.94 Economic data report (EDR) for the Amendment 80 sector.

(a) * * *
(1) Requirement to submit an EDR. A person who held an Amendment 80
QS permit during a calendar year must submit a complete Annual Trawl
Catcher/Processor EDR for that calendar year by following the
instructions on the Annual Trawl Catcher/Processor EDR form.
* * * * *
(b) * * * (1) NMFS or the DCA will conduct verification of
information with a person required to submit the Annual Trawl Catcher/
Processor EDR, or if applicable, that person's designated
representative.
(2) A person required to submit the Annual Trawl Catcher/Processor
EDR or designated representative, if applicable, must respond to
inquiries by NMFS, the DCA within 20 days of the date of issuance of
the inquiry.
* * * * *

Subpart J--[Removed and Reserved]

0
7. Remove and reserve subpart J, consisting of Sec. 679.110.

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

0
8. The authority citation for 50 CFR part 680 continues to read as
follows:

Authority: 16 U.S.C. 1862; Pub. L. 109-241; Pub. L. 109-479.

Sec. 680.2 [Amended]

0
9. In Sec. 680.2, remove the definitions for ``Auditor'' and ``Blind
data''.

0
10. In Sec. 680.6, revise paragraphs (a)(2) and (3), (c), (d), (e)(1)
and (2), and remove paragraph (f)(3) to read as follows:

Sec. 680.6 Crab economic data report (EDR).

(a) * * *
(2) A completed EDR or EDR certification pages must be submitted to
NMFS, in the manner specified on the NMFS-issued EDR form, for each
calendar year on or before 1700 hours, A.l.t., July 31 of the following
year.
(3) Annual EDR forms for catcher vessels, catcher/processors,
shoreside crab processors, and stationary floating crab processors are
available on the NMFS Alaska Region website at https://alaskafisheries.noaa.gov or by contacting NMFS at 1-800-304-4846.
* * * * *
(c) Annual catcher vessel crab EDR. Any owner or leaseholder of a
catcher vessel that landed CR crab in the previous calendar year must
submit to NMFS, in the manner specified on the NMFS-issued EDR form, a
completed catcher vessel EDR for annual data for the previous calendar
year.
(d) Annual catcher/processor crab EDR. Any owner or leaseholder of
a catcher/processor that harvested or processed CR crab in the previous
calendar year must submit to NMFS, in the manner specified on the NMFS-
issued EDR form, a completed catcher/processor EDR for annual data for
the previous calendar year.
(e) * * * (1) Any owner or leaseholder of an SFCP or a shoreside
crab processor that processed CR crab, including custom processing of
CR crab performed for other crab buyers, in the previous calendar year
must submit to NMFS, in the manner specified on the NMFS-issued EDR
form, a completed processor EDR for annual data for the previous
calendar year.
(2) Any holder of a registered crab receiver (RCR) permit that
obtained custom processing for CR Program crab in the previous calendar
year must submit to NMFS, in the manner specified on the NMFS-issued
EDR form, a completed processor EDR for annual data for the previous
calendar year.
* * * * *
[FR Doc. 2023-02117 Filed 2-3-23; 8:45 am]
BILLING CODE 3510-22-P