[Federal Register Volume 75, Number 13 (Thursday, January 21, 2010)]
[Rules and Regulations]
[Pages 3416-3417]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1085]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 090218199-91223-02]
RIN 0648-AX38
Fisheries in the Western Pacific; Pelagic Fisheries; Vessel
Identification Requirements
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This final rule revises identification requirements for U.S.
vessels that fish for pelagic management unit species in the western
and central Pacific Ocean. Each vessel is required to display its
International Telecommunication Union Radio Call Sign (IRCS) or, if an
IRCS has not been assigned, its official number preceded by the
characters ``USA ''. This rule makes Federal vessel identification
requirements consistent with international requirements.
DATES: This final rule is effective February 22, 2010.
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 William L. Robinson, NMFS, 1601
Kapiolani Blvd. 1110, Honolulu, HI 96814, e-mailed to David_Rostker@omb.eop.gov, or faxed to 202-395-7285.
FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, Sustainable Fisheries,
NMFS PIR, 808-944-2108.
SUPPLEMENTARY INFORMATION: This Federal Register document is also
accessible at www.gpoaccess.gov/fr/.
This final rule revises the vessel identification requirements at
50 CFR Sec. 665 to make them consistent with international
requirements. Currently, each fishing vessel is required to display its
official number (United States Coast Guard documentation or other
registration number) on the port and starboard sides of the deckhouse
or hull, and on an appropriate weather deck, so as to be visible from
enforcement vessels and aircraft.
New international rules require each vessel that fishes on the high
seas in the Area of the Convention on the Conservation and Management
of Highly Migratory Fish Stocks in the
[[Page 3417]]
Western and Central Pacific Ocean (Convention) to display its IRCS on
the port and starboard sides of the hull or superstructure, and on a
deck surface. If an IRCS has not been assigned, the vessel must display
its official number preceded by the characters ``USA'' and a hyphen
(i.e., ``USA-'').
U.S. vessels fishing for pelagic species on the high seas of the
Convention area would be required to display the international vessel
markings (IRCS or USA-official number). A pelagic vessel that fishes
only within the U.S. Exclusive Economic Zone (EEZ), or on the high seas
outside the Convention Area, would have the option to display either
the international markings or official number.
On July 17, 2009, NMFS published a proposed rule and request for
public comment on the vessel identification requirements (74 FR 34707).
The comment period for the proposed rule ended on August 3, 2009, and
NMFS did not receive any comments.
This final rule modifies only the manner in which federally-
permitted pelagic fishing vessels are identified, and does not change
vessel operations or other aspects of pelagic fisheries. Additional
background information on this final rule may be found in the preamble
to the proposed rule, and is not repeated here.
Changes From the Proposed Rule
NMFS made one administrative clarification to the final rule for
consistency with a change implemented by a recent, separately published
final rule in which NMFS restructured western Pacific fishing
regulations. In that rule, former Sec. 665.21, relating to pelagic
fishing permits, was redesignated as Sec. 665.801. This final rule
updates the regulatory text to be consistent with the above change.
Classification
The Regional Administrator, Pacific Islands Region, NMFS,
determined that this action is necessary for the conservation and
management of western and central Pacific high seas pelagic fisheries,
and that it is consistent with the Magnuson-Stevens Fishery
Conservation and Management Act and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Council for Regulation of the Department of Commerce
certified to the Chief Council 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 the Paperwork Reduction Act (PRA), and which has been
approved by the Office of Management and Budget (OMB) under control
number 0648-0360. The one-time public reporting burden for vessel
identification requirements is estimated at 45 minutes and $100 in
supplies per vessel. This includes the 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
William L. Robinson (see ADDRESSES) and by e-mail to David_Rostker@omb.eop.gov, or fax to 202-395-7285.
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.
List of Subjects in 50 CFR Part 665
Fisheries, Fishing, Reporting and recordkeeping requirements,
Vessel identification, Western and central Pacific.
Dated: January 14, 2010.
James W. Balsiger,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
0
For the reasons set out in the preamble, 50 CFR part 665 is amended as
follows:
PART 665--FISHERIES IN THE WESTERN PACIFIC
0
1. The authority citation for part 665 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 665.16, revise paragraphs (a) and (b) to read as follows:
Sec. 665.16 Vessel identification.
(a) Applicability. Each fishing vessel subject to this part, except
those identified in paragraph (e) of this section, must be marked for
identification purposes, as follows:
(1) A vessel that is registered for use with a valid permit issued
under Sec. 665.801 and used to fish on the high seas within the
Convention Area as defined in Sec. 300.211 of this title must be
marked in accordance with the requirements at Sec. Sec. 300.14 and
300.217 of this title.
(2) A vessel that is registered for use with a valid permit issued
under Sec. 665.801 of this part and not used to fish on the high seas
within the Convention Area must be marked in accordance with either:
(i) Sections 300.14 and 300.217 of this title, or
(ii) Paragraph (b) of this section.
(3) A vessel that is registered for use with a valid permit issued
under Subparts B through E of this part must be marked in accordance
with paragraph (b) of this section.
(b) Identification. Each vessel subject to this section must be
marked as follows:
(1) The vessel's official number must be affixed to the port and
starboard sides of the deckhouse or hull, and on an appropriate weather
deck, so as to be visible from enforcement vessels and aircraft.
Marking must be legible and of a color that contrasts with the
background.
(2) For fishing and receiving vessels of 65 ft (19.8 m) LOA or
longer, the official number must be displayed in block Arabic numerals
at least 18 inches (45.7 cm) in height, except that vessels in precious
coral fisheries that are 65 ft (19.8 m) LOA or longer must be marked in
block Arabic numerals at least 14 inches (35.6 cm) in height.
(3) For all other vessels, the official number must be displayed in
block Arabic numerals at least 10 inches (25.4 cm) in height.
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[FR Doc. 2010-1085 Filed 1-20-10; 8:45 am]
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