[Federal Register Volume 88, Number 165 (Monday, August 28, 2023)]
[Rules and Regulations]
[Pages 58521-58522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18414]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 230821-0201]
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: Final rule.

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SUMMARY: NMFS is implementing 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 will result in improved 
administration and management of the surfclam and ocean quahog 
fisheries.

DATES: Effective September 27, 2023.

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 the Greater Atlantic Regional 
Fisheries Office and to https://www.reginfo.gov/public/do/PRAMain. Find 
this particular information collection by using the search function and 
entering either the title of the collection or the Office of Management 
and Budget (OMB) Control Number 0648-0212.

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

SUPPLEMENTARY INFORMATION:

Background

    The Mid-Atlantic Fishery Management 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. 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.
    Detailed information about the drawbacks of separate trips reports, 
the benefits of having a single report for all fishing trips, and the 
development of electronic VTR (eVTR) in the Greater Atlantic Region was 
provided in the proposed rule for this action (88 FR 20115, April 5, 
2023) and is not repeated here.
    This action eliminates the requirement for a separate surfclam/
ocean quahog logbook and requires surfclam and ocean quahog vessel 
operators to complete the standard eVTR instead. When a fishing trip 
includes surfclams or ocean quahogs, the eVTR application will 
automatically present additional fields to collect the required 
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 has previously been reported by the fishery on 
the surfclam/ocean quahog logbook, so there is no additional reporting 
burden on fishermen. Overall, the reporting burden would decrease 
because surfclam and ocean quahog trips that also land other regulated 
species will no longer be required to submit two reports, instead 
fulfilling all reporting requirements through a single electronic 
submission.

Comments

    On April 5, 2023, we published a proposed rule (88 FR 20115) 
requesting comments on changes to the regulations to eliminate the 
separate surfclam and ocean quahog vessel logbook and require all 
vessels fishing for these species to report trips using the standard 
eVTR. The comment period was open through May 5, 2023. We received no 
comments on the proposed regulatory changes or on the impact of those 
changes on the public reporting burden in the existing information 
collection approved under the Paperwork Reduction Act (PRA).

Changes From the Proposed Rule

    There are no changes to the proposed regulatory updates. However, 
this final rule corrects a minor typographical error in the first 
sentence of the introductory text in 50 CFR 648.7(b)(1), changing the 
word ``and'' to ``an.''

Classification

    NMFS is issuing this rule pursuant to section 305(d) of the 
Magnuson-Stevens Act. Pursuant to that section, this action is 
necessary to carry out the provisions of the Atlantic Surfclam and 
Ocean Quahog FMP because the initial reporting provisions adopted in 
1977 have become inconsistent with other reporting requirements in the 
Greater Atlantic Region. This inconsistency has led to an unnecessary 
additional reporting burden on the fishing industry. The NMFS Assistant

[[Page 58522]]

Administrator has determined that this final 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 final 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 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. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.
    This final rule contains a collection-of-information requirement 
subject to review and approval by OMB under the 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 the 
elimination of postage costs. Public reporting burden for the Fishing 
Vessel Trip Report is estimated to average five minutes, including the 
time taken to review the instructions, search existing data sources, 
gather and maintain the data needed, and to complete and review the 
information collected.
    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 this information collection should be submitted on 
the following website: https://www.reginfo.gov/public/do/PRAMain. Find 
this particular information collection by using the search function and 
entering either the title of the collection or the OMB Control Number 
0648-0212.
    Notwithstanding any other provisions 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.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: August 22, 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 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 paragraphs (b)(1) introductory text, 
(b)(1)(i) introductory text, and (b)(1)(iii) to read as follows:


Sec.  648.7  Recordkeeping and reporting requirements.

* * * * *
    (b) * * *
    (1) Fishing Vessel Trip Reports. The owner or operator of any 
vessel issued a valid permit or eligible to renew a limited access 
permit under this part must maintain on board the vessel and submit an 
accurate fishing log report for each fishing trip, regardless of 
species fished for or taken, by electronic means. This report must be 
entered into and submitted through a software application approved by 
NMFS.
    (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. 2023-18414 Filed 8-25-23; 8:45 am]
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