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64474 Federal Register / Vol. 71, No.

212 / Thursday, November 2, 2006 / Rules and Regulations

This correction will not impose or (15.2 m) or longer, from fishing for unregulated at this time. Potential
relax any substantive requirements or bottomfish in Federal waters within 50 developments in the fishery, however,
burdens on manufacturers. Therefore, nm (92.6 km) around Guam, and led the Western Pacific Fishery
NHTSA finds for good cause that any establishes Federal permitting and Management Council to recommend the
notice and opportunity for comment on reporting requirements for these large management measures in this final rule.
these correcting amendments are not bottomfish fishing vessels. This final The Guam-based bottomfish fishery is
necessary. rule is intended to maintain viable a mix of subsistence, recreational, and
participation and bottomfish catch rates limited commercial fishing from
List of Subjects in 49 CFR Part 571 by small vessels in the fishery, to primarily small boats on nearshore
Imports, Incorporation by reference, maintain traditional patterns of the slopes. There is a potential component
Motor vehicle safety; Reporting and bottomfish supply to local Guam of the fishery, however, in which
recordkeeping requirements, Tires. markets, to provide for the collection of fishermen in relatively large vessels
■ Accordingly, 49 CFR part 571 is adequate fishery information for (i.e., greater than 50 ft or 15.2 m in
corrected by making the following effective management, and to reduce the length) target deep-slope fish species,
correcting amendment: risk of local depletion of deepwater particularly onaga (longtail red snapper,
bottomfish stocks near Guam. or flame snapper, Etelis coruscans). This
PART 571—FEDERAL MOTOR DATES: This final rule is effective fishery is currently inactive, but several
VEHICLE SAFETY STANDARDS December 4, 2006, except for the vessels have operated in the past. The
revisions to § 665.14 and § 665.61, fish were caught on offshore banks in
■ 1. The authority citation for part 571 Federal waters, landed at Guam′s
which require approval by the Office of
continues to read as follows: commercial port and, rather than
Management and Budget (OMB) under
Authority: 49 U.S.C. 322, 30111, 30115, the Paperwork Reduction Act (PRA). entering the local market, were exported
30117, and 30166; delegation of authority at When OMB approval is received, the by air to foreign markets. The activity
49 CFR 1.50. occurred on some or all of Guam′s
effective date will be announced in the
Federal Register. southern banks, including Galvez, 11–
■ 2. Paragraph S5.3.1 of 571.205 is
Mile, Santa Rosa, White Tuna, and Baby
revised to read as follows: ADDRESSES: Copies of the FMP
Banks. Most of the vessels fishing on
amendment, including an
§ 571.205 Glazing materials. these southern banks targeted the
Environmental Assessment (EA),
* * * * * shallow-water bottomfish complex, but
regulatory impact review (RIR) and final
S5.3 Shade Bands. * * * some targeted the deep-water complex.
regulatory flexibility analysis (FRFA)
S5.3.1 Shade bands for windshields The banks to the north of Guam,
may be obtained from William L.
shall comply with SAE J100 JUNE 1995. including Rota Bank, and far to the west
Robinson, Administrator, NMFS Pacific of Guam, including Bank A, appear not
* * * * * Islands Region (PIR), 1601 Kapiolani to have been fished.
Issued: October 26, 2006. Boulevard, Suite 1110, Honolulu, HI The potential for renewed large-vessel
Stephen R. Kratzke,
96814–4700. Written comments bottomfish fishing activity prompted
regarding the burden-hour estimates or concerns about fishery information
Associate Administrator for Rulemaking.
other aspects of the collection-of- being inadequate for effective
[FR Doc. E6–18390 Filed 11–1–06; 8:45 am] information requirements contained in
management, about the potential for
this final rule may be submitted to small-vessel catch rates declining to
William L. Robinson (see ADDRESSES), or non-viable levels, about threats to
to David Rostker, OMB, by e-mail to sustained participation by smaller
DEPARTMENT OF COMMERCE, or by fax vessels in the fishery, about disruptions
to 202–395–7285. to traditional patterns of supply of
National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: bottomfish products to the local market,
Administration Robert Harman, NMFS PIR, 808–944– and about localized depletion of
2271. bottomfish stocks.
50 CFR Part 665
SUPPLEMENTARY INFORMATION: Based on the current FMP reporting
[Docket No. 060724200–6275–02; I.D. and management requirements, existing
071106G] Electronic Access data collection programs can provide
This Federal Register document is adequate information about Guam′s
RIN 0648–AT94
also accessible via the Internet at the inshore bottomfish fisheries that are
Fisheries in the Western Pacific; web site of the Office of the Federal conducted by smaller vessels. Thus, this
Western Pacific Bottomfish and Register: final rule does not establish additional
Seamount Groundfish Fisheries; Guam index.html. data collection requirements on smaller
Bottomfish Management Measures vessels.
Background There is no evidence, to date, that the
AGENCY: National Marine Fisheries The bottomfish fishery that operates bottomfish stocks around Guam are
Service (NMFS), National Oceanic and in Federal waters around Guam is currently subject to overfishing or are
Atmospheric Administration (NOAA), managed under the Fishery being overfished. Deepwater bottomfish
Commerce. Management Plan for the Bottomfish species, however, have life history
ACTION: Final rule. and Seamount Groundfish Fisheries of characteristics (slow growth, relatively
the Western Pacific Region (FMP). Aside low productivity and limited migration
SUMMARY: NMFS issues this final rule to from restrictions on the use of certain ranges) that make local fish stocks
implement Amendment 9 to the Fishery destructive fishing methods, such as sensitive to fishing pressure, and severe
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Management Plan for Bottomfish and bottom trawling, bottom set nets, local depletion can result in reduced
Seamount Groundfish Fisheries of the poisons, and explosives, that apply to productivity of the stock as a whole.
Western Pacific Region (FMP) that the bottomfish fisheries throughout the Closing areas to potential large vessel
prohibits large vessels, i.e., those 50 ft western Pacific, the fishery is mostly bottomfish fishing reduces the risk of

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Federal Register / Vol. 71, No. 212 / Thursday, November 2, 2006 / Rules and Regulations 64475

local depletion of deepwater bottomfish 53605), made changes under three conclusion of no significant impacts. A
stocks in those areas. This final rule western Pacific FMPs to the regulatory copy of the EA is available from William
redirects possible large-vessel text in several sections of 50 CFR Part L. Robinson (see ADDRESSES).
bottomfish fishing to areas greater than 665. Those changes necessitated minor This final rule has been determined to
50 nm (92.6 km) from Guam, displacing adjustments in the regulatory text be not significant for purposes of
some potential fishing pressure on the contained in this final rule. Specifically, Executive Order 12866.
nearshore slope and banks to areas that the instructions for § 665.14(a) were Consistent with section 604 of the
have higher bottomfish abundance and modified in this final rule to include Regulatory Flexibility Act, NMFS
experience lower fishing pressure from omnibus rule requirements for fishing prepared a FRFA for Amendment 9, as
smaller boats. record forms for the Pacific Remote described below. This FRFA
This final rule intends to ensure that Island Areas (PRIA). The instructions incorporates the initial regulatory
adequate information is routinely for § 665.61(a)(1) were modified in this flexibility analysis (IRFA) prepared for
collected from the large-vessel, export- final rule to include omnibus rule Amendment 9. The preamble to the
oriented bottomfish fishery that might requirements for PRIA permits. Finally, proposed rule included a detailed
take place in Federal waters around the instructions for § 665.62 were summary of the analyses contained in
Guam, to maintain adequate modified in this final rule to renumber the IRFA, and that discussion is not
opportunities for small-scale the new paragraphs to account for repeated in its entirety here.
commercial, recreational, and omnibus rule prohibitions. A statement of the need for, and
subsistence bottomfish fishermen in In the proposed rule, the coordinates objectives of, the rule is provided in the
Federal waters around Guam, to provide for the closed area boundary contained preambles to the proposed rule and to
for sustained community participation several errors. Proposed Point GU–1–A this final rule, and is not repeated here.
by smaller vessels in the Guam (14°23′43″ N., 144°27′36′ E.) was There were no comments received on
bottomfish fishery, to encourage incorrectly positioned within EEZ the IRFA.
consistent availability of fresh, locally- waters around the CNMI, and was The Small Business Administration
caught deepwater bottomfish products moved to coincide with the boundary defines a commercial fishing business as
to Guam consumers, and to reduce the separating the EEZ waters around Guam a small entity if annual gross receipts
potential risk of local depletion of from those waters around the CNMI. are less than $4.0 million. All
deepwater bottomfish stocks near Guam. The new point GU–1–A is located at bottomfish vessels impacted by this
Additional background information 14°16′ N., 144°17′ E. Moving point GU– rulemaking are considered to be small
on this final rule may be found in the 1–A to coincide with the boundary put entities under this definition. Therefore,
preamble to the proposed rule it very close to proposed point GU–1– there are no economic impacts resulting
published on August 14, 2006 (71 FR B (14°10′ N., 144°11′ E.), removing the from disproportionality between large
46441), and is not repeated here. need for point GU–1–B in defining the and small vessels.
closed area. Thus, point GU–1–B was
Comments and Responses Number of Affected Small Entities
eliminated. Proposed point H (12° 35′
On July 24, 2006, NMFS published in N., 144°15′ E.) introduced an This final rule is expected to
the Federal Register an announcement unintended and unnecessary jog in the adversely impact as many as 1 3
on the availability of the subject FMP boundary, and was removed to bottomfish vessels of length greater than
amendment (71 FR 41770), and on straighten the boundary. The final 50 ft (15.2 m) (large vessels) that have
August 14, 2006, NMFS published a coordinates were renumbered, and they previously operated, but are not
notice of the proposed rule (71 FR accurately define the area that is currently operating, in Federal waters
46441). The public comment period for approximately 50 nm from Guam’s within 50 nm (92.6 km) of Guam.
both notices ended on September 22, shoreline, and take into account the Alternative 3, which would implement
2006. NMFS received one comment boundary between Guam and the CNMI. a trip limit on onaga, and alternative 4,
from the public, and responds to this Other instructions are unchanged which would implement limited access,
comment, as follows: from the proposed rule. would impact 100 300 bottom fish
Comment 1: The commentor vessels operating in Federal waters
Classification around Guam, regardless of their size.
expressed support for the proposed rule
out of a concern for the impact of large The NOAA Assistant Administrator
for Fisheries (AA) determined that this Recordkeeping and Reporting
vessels fishing in the area, and for Requirements
marine resources. FMP amendment is necessary for the
Response. Comment noted; NMFS is conservation and management of the This final rule would implement
also concerned about the potential for affected fisheries, and that the permitting, recordkeeping, and
large bottomfish vessels to locally amendment is consistent with the reporting requirements for large vessels
deplete bottomfish stocks. The final rule Magnuson-Stevens Fishery engaged in the fishery. The costs
establishes an area closed to large Conservation and Management Act associated with obtaining permits and
bottomfish vessels. This measure is (Magnuson-Stevens Act) and other keeping and reporting information in
intended to prevent overfishing of applicable laws. logbooks would be minimal. The annual
bottomfish around Guam. NMFS prepared an EA for this FMP personnel cost for potential respondents
amendment, and the AA concluded that is estimated at $62 per year. This was
Changes to the Proposed Rule there will be no significant impact on derived by multiplying the number of
In this final rule, several minor the human environment as a result of hours of burden per year (2.5 hr) times
editorial changes were made to the this rule. NMFS determined that the an hourly cost rate of $25, the estimated
proposed rule. In the time since the preferred management alternative has range of hourly wage rates for fishermen
proposed rule for this action was the greatest likelihood of achieving the harvesting bottomfish in the western
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published on August 14, 2006, another purpose and need for this Federal Pacific. There is no ‘‘start up’’ capital
final rule, referred to as the ‘‘omnibus’’ action. In addition, all beneficial and cost for complying with the reporting
rule, was published. The omnibus rule, adverse impacts of the proposed action requirement. The estimated cost to
published on September 12, 2006 (71 FR have been addressed to reach the potential respondents, other than

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64476 Federal Register / Vol. 71, No. 212 / Thursday, November 2, 2006 / Rules and Regulations

personnel cost, is about $20 per subject to the PRA under OMB control § 665.12 Definitions.
respondent per year. This cost includes numbers 0648–0214 and 0648–0490. * * * * *
telephone charges and other incidental The revisions to these collection-of- Guam bottomfish permit means the
costs associated with sending the information requirements have not yet permit required by § 665.61(a)(4) to use
logbook forms to NMFS after each trip. been approved, but OMB approval is a large vessel to fish for, land, or
Minimizing Economic Impacts on Small expected in the near future. NMFS will transship bottomfish management unit
Entities publish a notice when these species shoreward of the outer boundary
requirements are cleared by OMB and of the Guam subarea of the bottomfish
NMFS rejected alternatives imposing are, therefore, effective (see DATES). The
trip limits for onaga or a limited access fishery management area.
public reporting burden for these
system, in addition to the permitting, * * * * *
requirements is estimated to be 30 min
recordkeeping and reporting for a new permit application, and 5 min Large vessel means, as used in
requirements for large vessels, because for completing a fishing logbook each §§ 665.22, 665.37, 665.38, 665.61,
these alternatives would have had day. It is estimated that up to three 665.62, and 665.70, any vessel equal to
economic impacts on all participants in vessels may be subject to the reporting or greater than 50 ft (15.2 m) in length
the fishery and were not necessary to requirement at any given time, and that overall.
meet the objectives of FMP Amendment each vessel will fish, on average, no * * * * *
9. NMFS instead chose the alternative more than 50 days/yr, resulting in a
that would best achieve the objectives of ■ 3. In § 665.13, revise paragraph (f)(1)
total paperwork burden of to read as follows:
FMP Amendment 9, including the approximately 14 hr/yr. These estimates
continued economic viability of the include time for reviewing instructions, § 665.13 Permits and fees.
small boat fishery, an alternative which searching existing data sources, * * * * *
focused on large vessel participants. gathering and maintaining the data
Because data on costs and revenues for (f) Fees. (1) PIRO will not charge a fee
needed, and completing and reviewing for a permit issued under subpart D or
large vessels are not available, the the collection of information.
economic impacts to the profitability of F of this part, for a Ho′omalu Zone
Send comments regarding these limited access permit, or for a Guam
the 1 3 vessels that could potentially be burden estimates or any other aspect of
impacted by this rulemaking cannot be bottomfish permit issued under
this data collection, including § 665.61.
directly estimated. Implementation of suggestions for reducing the burden, to
the rule would require the affected William L. Robinson, NMFS PIR (see * * * * *
vessels to search elsewhere for new ADDRESSES), or by e-mail to ■ 4. In § 665.14, revise paragraph (a) to
bottomfish grounds, or to change gear, or fax to read as follows:
and enter another fishery. Regardless of 202–395–7285.
their choice, it is likely that these Notwithstanding any other provision § 665.14 Reporting and recordkeeping.
vessels would experience adverse of the law, no person is required to (a) Fishing record forms. The operator
economic impacts in the form of respond to, and no person shall be of any fishing vessel subject to the
reductions in potential profitability subject to penalty for failure to comply requirements of §§ 665.21, 665.41,
under this final rule. The extent of the with, a collection of information subject 665.61(a)(4), 665.81, or 665.602 must
impacts would depend on the to the requirements of the PRA, unless maintain on board the vessel an
opportunity costs of each individual that collection of information displays a accurate and complete record of catch,
vessel relative to the profits previously currently valid OMB control number. effort, and other data on report forms
earned in the bottomfish fishery off of
List of Subjects in 50 CFR Part 665 provided by the Regional Administrator.
All information specified on the forms
Small Entity Compliance Guide Administrative practice and must be recorded on the forms within
procedure, American Samoa, Fisheries, 24 hr after the completion of each
Section 212 of the Small Business
Fishing, Guam, Hawaii, Hawaiian fishing day. Each form must be signed
Regulatory Enforcement Fairness Act of
natives, Northern Mariana Islands, and dated by the fishing vessel operator.
1996 states that, for each rule or group
Pacific Remote Island Areas, Reporting For the fisheries managed under
of related rules for which an agency is
and recordkeeping requirements. § § 665.21, 665.41, 665.61(a)(4), and
required to prepare a FRFA, the agency
shall publish one or more guides to Dated: October 27, 2006. 665.81, the original logbook form for
assist small entities in complying with Samuel D. Rauch III, each day of the fishing trip must be
the rule, and shall designate such Deputy Assistant Administrator for submitted to the Regional Administrator
publications as ‘‘small entity Regulatory Programs, National Marine within 72 hr of each landing of MUS,
compliance guides.’’ The agency shall Fisheries Service. unless the fishing was authorized under
explain the actions a small entity is ■ For the reasons set out in the a PRIA troll and handline permit, a
required to take to comply with a rule preamble, 50 CFR part 665 is amended PRIA crustaceans fishing permit, or a
or group of rules. As part of this as follows: PRIA precious corals fishing permit, in
rulemaking process, a small entity which case the original logbook form for
compliance guide was prepared. The PART 665—FISHERIES IN THE each day of fishing within the PRIA EEZ
guide will be sent to all large vessels WESTERN PACIFIC waters must be submitted to the
that have historic landings in this Regional Administrator within 30 days
■ 1. The authority citation for part 665 of each landing of MUS. For fisheries
fishery. In addition, copies of this final
continues to read as follows: managed under § 665.602, the original
rule and guide will be made available by
William L. Robinson (see ADDRESSES), Authority: 16 U.S.C. 1801 et seq. logbook form for each day of the fishing
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and at the following web site: http:// ■ 2. In § 665.12, add the definition of trip must be submitted to the Regional ‘‘Guam bottomfish permit’’ and revise Administrator within 30 days of each
This final rule contains revisions to the definition of ‘‘Large vessel’’ as landing of MUS.
collection-of- information requirements follows: * * * * *

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■ 5. In § 665.61, revise paragraph (a)(1) registered for use with that vessel to fish enclosed by straight lines connecting
and add paragraph (a)(4) to read as for, land, or transship bottomfish the following coordinates in the order
follows: management unit species shoreward of listed:
the outer boundary of the Guam subarea
§ 665.61 Permits. of the bottomfish fishery management Point N. lat. E. long.
(a) Applicability. (1) The owner of any area in violation of § 665.61(a).
vessel used to fish for bottomfish (h) Use a large vessel to fish for GU–1–A 14°16′ 144°17′
management unit species in the bottomfish management unit species GU–1–B 13° 50′ 143° 52′
Northwestern Hawaiian Islands within the Guam large vessel bottomfish GU–1–C 13° 17′ 143° 46′
Subarea, Pacific Remote Island Areas prohibited area, as defined in GU–1–D 12° 50′ 143° 54′
Subarea, or Guam Subarea must have a § 665.70(b). GU–1–E 12° 30′ 144° 14′
permit issued under this section and the (i) Land or transship, shoreward of the GU–1–F 12° 25′ 144° 51′
permit must be registered for use with outer boundary of the Guam subarea of GU–1–G 12° 57′ 145° 33′
that vessel. the bottomfish fishery management area, GU–1–H 13° 12′ 145° 43′
* * * * * bottomfish management unit species GU–1–I 13° 29′ 44″ 145° 48′ 27″
(4) A fishing vessel of the United that were harvested in violation of GU–1–A 14° 16′ 144° 17′
States must be registered for use under § 665.62(h).
■ 7. Under subpart E, add a new [FR Doc. E6–18506 Filed 11–1–06; 8:45 am]
a Guam bottomfish permit if that vessel
is a large vessel and is used to fish for, § 665.70 to read as follows: BILLING CODE 3510–22–S

land, or transship bottomfish § 665.70 Bottomfish fishery area

management unit species shoreward of management.
the outer boundary of the Guam subarea (a) Large vessel bottomfish prohibited
of the bottomfish fishery management area. A large vessel of the United States
area. may not be used to fish for bottomfish
* * * * * management unit species in any large
■ 6. In § 665.62, add paragraphs (g), (h), vessel bottomfish prohibited area as
and (i) to read as follows: defined in paragraph (b) of this section.
(b) Guam large vessel bottomfish
§ 665.62 Prohibitions. prohibited area (Area GU–1). The large
* * * * * vessel bottomfish prohibited area
(g) Use a large vessel that does not around Guam means the waters of the
have a valid Guam bottomfish permit US EEZ surrounding Guam that are
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