83 FR 44245 - International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Fishing Limits in Purse Seine and Longline Fisheries, Restrictions on the Use of Fish Aggregating Devices in Purse Seine Fisheries, and Transshipment Prohibitions

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 169 (August 30, 2018)

Page Range		44245-44246
FR Document		2018-18774

NMFS announces approval by the Office of Management and Budget (OMB) of a collection-of-information requirement, which was contained in regulations implementing fishing limits in purse seine and longline fisheries, and other restrictions, for U.S. vessels used to fish for highly migratory species in the western and central Pacific Ocean (WCPO), in a final rule published on July 18, 2018. The intent of this final rule is to inform the public of the effectiveness of the collection-of-information requirement associated with daily purse seine fishing effort reports included in the final rule.

Federal Register, Volume 83 Issue 169 (Thursday, August 30, 2018)

[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Rules and Regulations]
[Pages 44245-44246]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18774]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 180209155-8750-03]
RIN 0648-BH77


International Fisheries; Western and Central Pacific Fisheries 
for Highly Migratory Species; Fishing Limits in Purse Seine and 
Longline Fisheries, Restrictions on the Use of Fish Aggregating Devices 
in Purse Seine Fisheries, and Transshipment Prohibitions

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

ACTION: Final rule; date of effectiveness for collection-of-information 
requirements.

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SUMMARY: NMFS announces approval by the Office of Management and Budget 
(OMB) of a collection-of-information requirement, which was contained 
in regulations implementing fishing limits in purse seine and longline 
fisheries, and other restrictions, for U.S. vessels used to fish for 
highly migratory species in the western and central Pacific Ocean 
(WCPO), in a final rule published on July 18, 2018. The intent of this 
final rule is to inform the public of the effectiveness of the 
collection-of-information requirement associated with daily purse seine 
fishing effort reports included in the final rule.

DATES: This final rule is effective August 30, 2018. The amendment to 
50 CFR 300.218(g), published at 83 FR 33851 (July 18, 2018), is 
effective on August 30, 2018.

ADDRESSES: Written comments regarding burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
final rule may be submitted to Michael D. Tosatto, Regional 
Administrator, NMFS, Pacific Islands Regional Office (PIRO), 1845 Wasp 
Blvd., Building 176, Honolulu, HI 96818 and by email to 
[email protected] or fax to (202) 395-5806.

FOR FURTHER INFORMATION CONTACT: Emily Crigler, NMFS, (808) 725-5036, 
or [email protected].

SUPPLEMENTARY INFORMATION: Under authority of the Western and Central 
Pacific Fisheries Convention Implementation Act (WCPFC Implementation 
Act; 16 U.S.C. 6901 et seq.), NMFS implemented recent decisions of the 
Commission for the Conservation and Management of Highly Migratory Fish 
Stocks in the Western and Central Pacific Ocean.

Background

    NMFS issued a final rule to implement specific fishing limits in 
purse seine and longline fisheries, and other restrictions, for U.S. 
vessels used to fish for highly migratory species in the WCPO. The 
final rule was published in the Federal Register on July 18, 2018 (83 
FR 33851) and the associated regulations are found at 50 CFR part 300. 
The requirements of that final rule, other than the collection-of-
information requirements associated with the daily purse seine fishing 
effort reports, were effective on July 18, 2018. OMB approved the 
collection-of-information requirements contained in the final rule on 
August 3, 2018, under OMB Control Number 0648-0649. Accordingly, this 
final rule announces the approval and effective date of the daily purse 
seine fishing effort report requirements found at 50 CFR 300.218(g).

Classification

Administrative Procedure Act

    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and opportunity for public comment for this action because 
notice and comment would be unnecessary and contrary to the public 
interest. This action simply provides notice of OMB's approval of the 
reporting requirements at issue, which has already occurred, and 
renders those requirements effective. Thus this action does not involve 
any further exercise of agency discretion by NMFS or OMB. Moreover, the 
public has had prior notice and the opportunity to comment on the 
collection-of-information requirement. NMFS published a proposed rule 
including the collection-of-information requirement (83 FR 21748; 
published May 10, 2018), with comments accepted until May 25, 2018. The 
final rule (83 FR 33851; published July 18, 2018), included a response 
to the one comment received on the reporting requirements, advised 
where to send any additional comments on aspects of the collection of 
information, and indicated that this final rule would be published 
announcing the effective date for the revised reporting requirements 
upon OMB approval.
    There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day 
delay in effective date for the collection-of-information requirement. 
The reporting requirements included in this final rule are intended to 
allow NMFS to obtain better data, to more accurately track the purse 
seine fishing effort limits, specified at 50 CFR 300.223(a), and to 
predict when a fishing effort limit is expected to be reached with 
greater certainty. Delaying the effective date of this reporting 
requirement will limit NMFS's ability to accurately track fishing 
effort and make timely predictions of when effort limits may be 
reached. Accordingly, waiver of the 30-day delay in effective date is 
necessary to comply with the requirements of the WCPFC Implementation 
Act, the failure of which would be contrary to the public interest.

Executive Order 12866

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

Paperwork Reduction Act

    This final rule contains a collection-of-information requirement 
subject to the Paperwork Reduction Act (PRA) and which OMB approved 
under OMB Control Number 0648-0649 on August 3, 2018. Specifically, 
U.S. purse seine

[[Page 44246]]

vessels owners and operators may be required, when directed by NMFS, to 
provide daily reports on the fishing activity of the vessel (e.g., 
setting, transiting, searching), location, and type of set. This 
requirement is similar to a previous collection-of-information 
requirement which required U.S. purse seine owners and operators, when 
directed by NMFS, to provide daily reports on the number of sets made 
on fish aggregating devices (FADs) during that day. The public 
reporting burden for the daily report of purse seine effort information 
is estimated to average 10 minutes per response, including 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 
email to [email protected], or fax to (202) 395-5806.
    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.

    Authority: 16 U.S.C. 6901 et seq.

    Dated: August 24, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2018-18774 Filed 8-29-18; 8:45 am]
 BILLING CODE 3510-22-P

Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations 44245

254, 303(r), and 332 of the (OMB) of a collection-of-information Classification
Communications Act of 1934, as requirement, which was contained in
Administrative Procedure Act
amended, and section 706 of the regulations implementing fishing limits
Telecommunications Act of 1996, 47 in purse seine and longline fisheries, Pursuant to 5 U.S.C. 553(b)(B), there
U.S.C. 154(i), 254, 303(r), 332, 1302, and and other restrictions, for U.S. vessels is good cause to waive prior notice and
section 1.46 of the Commission’s rules, used to fish for highly migratory species opportunity for public comment for this
47 CFR 1.46, RWA’s Request for in the western and central Pacific Ocean action because notice and comment
Extension of Challenge Window is (WCPO), in a final rule published on would be unnecessary and contrary to
granted in part, and is denied in part, July 18, 2018. The intent of this final the public interest. This action simply
to the extent described herein. rule is to inform the public of the provides notice of OMB’s approval of
35. It is further ordered that, pursuant effectiveness of the collection-of- the reporting requirements at issue,
to section 5(c)(5) of the Communications information requirement associated which has already occurred, and
Act of 1934, as amended, 47 U.S.C. with daily purse seine fishing effort renders those requirements effective.
155(c)(5), and section 1.115(g) of the reports included in the final rule. Thus this action does not involve any
Commission’s rules, 47 CFR 1.115(g), further exercise of agency discretion by
DATES: This final rule is effective August
the Application for Review filed by the NMFS or OMB. Moreover, the public
30, 2018. The amendment to 50 CFR has had prior notice and the
Rural Wireless Association, Inc. on
300.218(g), published at 83 FR 33851 opportunity to comment on the
March 29, 2018, is granted in part,
(July 18, 2018), is effective on August collection-of-information requirement.
dismissed as moot in part, and denied
30, 2018. NMFS published a proposed rule
in part to the extent described herein.
36. It is further ordered that, pursuant ADDRESSES: Written comments including the collection-of-information
to section 5(c)(5) of the Communications regarding burden-hour estimates or requirement (83 FR 21748; published
Act of 1934, as amended, 47 U.S.C. other aspects of the collection-of- May 10, 2018), with comments accepted
155(c)(5), and section 1.115(g) of the information requirements contained in until May 25, 2018. The final rule (83
Commission’s rules, 47 CFR 1.115(g), this final rule may be submitted to FR 33851; published July 18, 2018),
the Application for Review filed by Michael D. Tosatto, Regional included a response to the one comment
Verizon Communications, Inc. on June Administrator, NMFS, Pacific Islands received on the reporting requirements,
22, 2018, is denied. Regional Office (PIRO), 1845 Wasp advised where to send any additional
37. It is further ordered that, pursuant Blvd., Building 176, Honolulu, HI 96818 comments on aspects of the collection of
to § 1.427(b) of the Commission’s rules, and by email to OIRA_Submission@ information, and indicated that this
47 CFR 1.427(b), this Order shall be omb.eop.gov or fax to (202) 395–5806. final rule would be published
effective upon its publication in the FOR FURTHER INFORMATION CONTACT: announcing the effective date for the
Federal Register. Emily Crigler, NMFS, (808) 725–5036, revised reporting requirements upon
Federal Communications Commission. or emily.crigler@noaa.gov. OMB approval.
There is good cause under 5 U.S.C.
Marlene Dortch, SUPPLEMENTARY INFORMATION: Under
553(d)(3) to waive the 30-day delay in
Secretary. authority of the Western and Central effective date for the collection-of-
[FR Doc. 2018–18804 Filed 8–28–18; 11:15 am] Pacific Fisheries Convention information requirement. The reporting
BILLING CODE 6712–01–P Implementation Act (WCPFC requirements included in this final rule
Implementation Act; 16 U.S.C. 6901 et are intended to allow NMFS to obtain
seq.), NMFS implemented recent better data, to more accurately track the
DEPARTMENT OF COMMERCE decisions of the Commission for the purse seine fishing effort limits,
Conservation and Management of specified at 50 CFR 300.223(a), and to
National Oceanic and Atmospheric Highly Migratory Fish Stocks in the predict when a fishing effort limit is
Administration Western and Central Pacific Ocean. expected to be reached with greater
Background certainty. Delaying the effective date of
50 CFR Part 300 this reporting requirement will limit
NMFS issued a final rule to NMFS’s ability to accurately track
[Docket No. 180209155–8750–03]
implement specific fishing limits in fishing effort and make timely
RIN 0648–BH77 purse seine and longline fisheries, and predictions of when effort limits may be
other restrictions, for U.S. vessels used reached. Accordingly, waiver of the 30-
International Fisheries; Western and to fish for highly migratory species in
Central Pacific Fisheries for Highly day delay in effective date is necessary
the WCPO. The final rule was published to comply with the requirements of the
Migratory Species; Fishing Limits in in the Federal Register on July 18, 2018
Purse Seine and Longline Fisheries, WCPFC Implementation Act, the failure
(83 FR 33851) and the associated of which would be contrary to the
Restrictions on the Use of Fish regulations are found at 50 CFR part
Aggregating Devices in Purse Seine public interest.
300. The requirements of that final rule,
Fisheries, and Transshipment other than the collection-of-information Executive Order 12866
Prohibitions requirements associated with the daily This final rule has been determined to
AGENCY: National Marine Fisheries purse seine fishing effort reports, were be not significant for purposes of
Service (NMFS), National Oceanic and effective on July 18, 2018. OMB Executive Order 12866.
Atmospheric Administration (NOAA), approved the collection-of-information
requirements contained in the final rule Paperwork Reduction Act
amozie on DSK3GDR082PROD with RULES

Commerce.
ACTION: Final rule; date of effectiveness on August 3, 2018, under OMB Control This final rule contains a collection-
for collection-of-information Number 0648–0649. Accordingly, this of-information requirement subject to
requirements. final rule announces the approval and the Paperwork Reduction Act (PRA) and
effective date of the daily purse seine which OMB approved under OMB
SUMMARY: NMFS announces approval by fishing effort report requirements found Control Number 0648–0649 on August
the Office of Management and Budget at 50 CFR 300.218(g). 3, 2018. Specifically, U.S. purse seine

VerDate Sep<11>2014 16:35 Aug 29, 2018 Jkt 244001 PO 00000 Frm 00073 Fmt 4700 Sfmt 4700 E:\FR\FM\30AUR1.SGM 30AUR1

$44246 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations vessels owners and operators may be minutes per response, including time subject to penalty for failure to comply required, when directed by NMFS, to for reviewing instructions, searching with, a collection-of-information subject provide daily reports on the fishing existing data sources, gathering and to the requirements of the PRA, unless activity of the vessel (e.g., setting, maintaining the data needed, and that collection-of-information displays a transiting, searching), location, and type completing and reviewing the collection currently valid OMB control number. of set. This requirement is similar to a of information. Send comments Authority: 16 U.S.C. 6901 et seq. previous collection-of-information regarding this burden estimate, or any requirement which required U.S. purse other aspect of this data collection, Dated: August 24, 2018. seine owners and operators, when including suggestions for reducing the Samuel D. Rauch III, directed by NMFS, to provide daily burden, to NMFS (see ADDRESSES) and Deputy Assistant Administrator for reports on the number of sets made on by email to OIRA_Submissions@ Regulatory Programs, National Marine fish aggregating devices (FADs) during omb.eop.gov, or fax to (202) 395–5806. Fisheries Service. that day. The public reporting burden Notwithstanding any other provision [FR Doc. 2018–18774 Filed 8–29–18; 8:45 am] for the daily report of purse seine effort of the law, no person is required to BILLING CODE 3510–22–P information is estimated to average 10 respond to, and no person shall be amozie on DSK3GDR082PROD with RULES VerDate Sep<11>2014 16:35 Aug 29, 2018 Jkt 244001 PO 00000 Frm 00074 Fmt 4700 Sfmt 9990 E:\FR\FM\30AUR1.SGM 30AUR1$

Document Created: 2018-08-30 01:21:35
Document Modified: 2018-08-30 01:21:35

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; date of effectiveness for collection-of-information requirements.
Dates		This final rule is effective August 30, 2018. The amendment to 50 CFR 300.218(g), published at 83 FR 33851 (July 18, 2018), is effective on August 30, 2018.
Contact		Emily Crigler, NMFS, (808) 725-5036, or [email protected]
FR Citation		83 FR 44245
RIN Number		0648-BH77

83 FR 44245 - International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Fishing Limits in Purse Seine and Longline Fisheries, Restrictions on the Use of Fish Aggregating Devices in Purse Seine Fisheries, and Transshipment Prohibitions

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 169 (August 30, 2018)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration