[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Proposed Rules]
[Pages 20115-20117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07017]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 230330-0087]
RIN 0648-BL61


Fisheries of the Northeastern United States; Improvement and 
Modernization of Atlantic Surfclam and Ocean Quahog Vessel Reporting 
Regulations

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 proposes regulation changes to integrate the vessel 
reporting requirements for the Atlantic surfclam and ocean quahog 
fisheries with the reporting requirements for all other commercial 
fisheries in the Greater Atlantic Region. These changes are intended to 
simplify the regulations and make it easier for surfclam and ocean 
quahog vessel operators to submit the required fishing trip reports 
electronically. This action would result in improved administration and 
management of the surfclam and ocean quahog fisheries.

DATES: Comments must be received on May 5, 2023.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2022-0100, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov 
and enter NOAA-NMFS-2022-0100 in the Search box. Click on the 
``Comment'' icon, complete the required fields, and enter or attach 
your comments.
     Mail: Submit written comments to Michael Pentony, Regional 
Administrator, NMFS, Greater Atlantic Regional Fisheries Office, 55 
Great Republic Drive, Gloucester, MA 01930. Mark the outside of the 
envelope: ``Comments on Surfclam/Ocean Quahog Vessel Reporting Rule.''
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    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 the Greater Atlantic Regional 
Fisheries Office and to www.reginfo.gov/public/do/PRAMain. Find this 
particular information collection by selecting ``Currently under 30-day 
Review--Open for Public Comments'' or by using the search function.''

FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Policy Analyst, 
(978) 281-9341, [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The Mid-Atlantic Fishery Management Council (Council) manages the 
Atlantic surfclam and ocean quahog fisheries under the Atlantic 
Surfclam and Ocean Quahog Fishery Management Plan (FMP). The FMP has 
included a requirement for fishing vessels to maintain and submit a log 
of fishing operations since it was first implemented (42 FR 60438, 
November 25, 1977). Over the years, other species also became subject 
to management under the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) and additional fishing vessel 
reporting requirements were added to the regulations. To cover the 
reporting requirements of these other fisheries, a standardized fishing 
vessel trip report (VTR) form was developed. For a number of reasons, 
including the specific requirements of the Atlantic Surfclam and Ocean 
Quahog Individual Transferable Quota (ITQ) management system, the 
surfclam and ocean quahog vessel reporting regulations have remained 
separate from the vessel reporting regulations that apply to all other 
commercial fisheries in the Greater Atlantic Region, and surfclam and 
ocean quahog vessels have used a form separate from the VTR, often 
referred to as the clam logbook, to report fishing trips that 
specifically target surfclam or ocean quahog.
    Until recently, all VTR and clam logbook submissions were made 
using paper forms completed by the vessel operator and then submitted 
to NMFS. Because there were two separate sets of reporting regulations, 
a surfclam or

[[Page 20116]]

ocean quahog fishing vessel that incidentally caught another federally 
managed species was required to submit two separate forms for the trip: 
A clam logbook for their surfclam or ocean quahog catch and a standard 
VTR for all other species. This was inconvenient, but could reasonably 
be accomplished as long as the vessel operator had both paper forms 
readily available.
    As of November 10, 2021, NMFS required all commercial fishing 
vessel trip reports be submitted electronically (85 FR 71575, November 
10, 2020). Surfclam and ocean quahog vessels were allowed to continue 
submitting paper trip reports because a suitable electronic reporting 
application that addressed the unique requirements of that fishery was 
not available at that time. Since then, NMFS has completed the 
necessary changes to our Fish Online electronic VTR (eVTR) application 
to accommodate the unique reporting requirements of the surfclam and 
ocean quahog ITQ fisheries. On December 1, 2022, NMFS announced that 
all surfclam and ocean quahog trip reports must be submitted 
electronically as of February 1, 2023. While Fish Online may be the 
only reporting application initially available to surfclam or ocean 
quahog fishermen, the proposed regulatory changes will make it easier 
for developers of other eVTR applications to accommodate surfclam and 
ocean quahog vessels, if the application developers choose to 
incorporate reporting for these fisheries in the future.
    The regulatory changes proposed in this action would eliminate the 
requirement for a separate surfclam/ocean quahog logbook and would 
instead authorize surfclam and ocean quahog vessel operators to 
complete the standard eVTR with additional fields added to collect 
information specific to the ITQ fishery, including the ITQ allocation 
number, the cage tag numbers for all cages being landed, and price per 
bushel. This information is already reported by the fishery on the 
surfclam/ocean quahog logbook, so there would be no change to reporting 
burden on fishermen. Overall, the reporting burden would decrease as 
surfclam and ocean quahog trips that also land other regulated species 
would no longer be required to submit two reports, instead fulfilling 
all reporting requirements through a single electronic submission.
    If this proposed action is implemented, surfclam and ocean quahog 
vessel operators would report some information in a different format 
than is currently used on the surfclam and ocean quahog logbook. 
However, because vessel operators are already required to complete and 
submit the standard eVTR for incidentally caught species, they are 
already familiar with the fields used for this electronic format.
    In this proposed rule, one data field would be removed from the 
regulations. The current list of required data fields on the clam 
logbook includes ``Crew share by percentage'' (50 CFR 
648.7(b)(1)(iii)(H)). However, that field has not been included on the 
paper forms for at least 20 years. This information is not collected 
for other commercial fisheries in the region and is not necessary for 
the management of the surfclam and ocean quahog fishery. Because it has 
not been collected, we propose removing this requirement from the 
regulations.

Classification

    NMFS is issuing this rule pursuant to section 305(d) of the 
Magnuson-Stevens Act. The reason for using this regulatory authority 
is: Pursuant to Magnuson-Stevens Act section 305(d), this action is 
necessary to carry out the provisions of the Atlantic Surfclam and 
Ocean Quahog FMP, because the initial provisions adopted in 1977 have 
become inconsistent with other reporting requirements leading to an 
unnecessary additional reporting burden on the fishing industry. The 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with the Atlantic Surfclam and Ocean Quahog FMP, other 
provisions of the Magnuson-Stevens Act, and other applicable law, 
subject to further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this proposed rule, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities.
    The measures proposed by this action apply to surfclam and ocean 
quahog vessel owners. There were 677 total vessels that hold a surfclam 
and/or an ocean quahog vessel permit. Some entities own more than one 
fishing vessel, resulting in 399 regulated entities.
    For Regulatory Flexibility Act purposes only, NMFS has established 
a small business size standard for businesses, including their 
affiliated operations, whose primary industry is commercial fishing 
(see 50 CFR 200.2). A business primarily engaged in commercial fishing 
(NAICS code 11411) is classified as a small business if it is 
independently owned and operated, is not dominant in its field of 
operation (including its affiliates), and has combined annual receipts 
not in excess of $11 million for all its affiliated operations 
worldwide. Using this definition, there are 389 small entities and 10 
large entities that would potentially be affected by this action.
    The proposed measures are administrative in nature and are not 
expected to have impacts on the surfclam and ocean quahog fisheries, 
including landings levels (no changes in surfclam or ocean quahog ex-
vessel revenues are expected), fishery distribution, or fishing methods 
and practices. The proposed action is not expected to result in changes 
to the nature or operation of the surfclam and ocean quahog fisheries. 
In addition, the proposed measures are not expected to 
disproportionately affect small entities. As a result, an initial 
regulatory flexibility analysis is not required and none has been 
prepared.
    This proposed rule contains a collection-of-information requirement 
subject to review and approval by OMB under the Paperwork Reduction Act 
(PRA). This rule revises the existing requirements for the collection 
of information under the following OMB Control Number: 0648-0212, 
Greater Atlantic Region Logbook Family of Forms, by eliminating the 
shellfish log (NOAA Form 88-140). All respondents and responses that 
would have used this form would use the Fishing Vessel Trip Report 
(NOAA Form 88-30) instead. This form takes less time to complete and is 
submitted electronically resulting in a small decrease in estimated 
time burden and eliminates postage costs. Public reporting burden for 
the Fishing Vessel Trip Report is estimated to average five minutes, 
including the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed, and completing and 
reviewing the collection of 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. Submit comments on 
these or any other aspects

[[Page 20117]]

of the collection of information at www.reginfo.gov/public/do/PRAMain.
    Notwithstanding any other provisions of the law, no person is 
required to respond or, nor shall any person by 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 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: March 30, 2023.
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 648 as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

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

0
2. In Sec.  648.7, revise the introductory text of paragraph (b)(1)(i) 
and paragraph (b)(1)(iii) to read as follows:


Sec.  648.7   Recordkeeping and reporting requirements.

* * * * *
    (b) * * *
    (1) * * *
    (i) Vessel owners or operators. At least the following information 
as applicable and any other information required by the Regional 
Administrator must be provided:
* * * * *
    (iii) Surfclam and Ocean Quahog owners or operators. In addition to 
the information listed under paragraph (b)(1)(i) of this section, the 
owner or operator of any vessel conducting any surfclam or ocean quahog 
fishing operations in the ITQ program must provide at least the 
following information and any other information required by the 
Regional Administrator:
    (A) Total amount in bushels of surfclams and/or ocean quahogs 
taken;
    (B) Price per bushel;
    (C) Tag numbers from cages used; and
    (D) Allocation permit number.
* * * * *
[FR Doc. 2023-07017 Filed 4-4-23; 8:45 am]
BILLING CODE 3510-22-P