[Federal Register Volume 79, Number 231 (Tuesday, December 2, 2014)]
[Rules and Regulations]
[Pages 71313-71319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28093]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Part 679
[Docket No. 140311229-4978-02]
RIN 0648-BE09
Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of
Alaska Trawl Economic Data Report
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues a final rule to implement the Gulf of Alaska (GOA)
Trawl Economic Data Report Program to evaluate the economic effects of
current and potential future fishery management measures for the GOA
trawl fisheries. This data collection program will provide the North
Pacific Fishery Management Council (Council) and NMFS with baseline
economic information on harvesters, crew, processors, and communities
active in the GOA trawl fisheries, which will be used to assess the
impacts of anticipated future GOA trawl groundfish management measures
on stakeholders. The data collected for this program will be submitted
by owners and leaseholders of GOA trawl vessels, owners and
leaseholders of processors receiving deliveries from those trawl
vessels, and owners and leaseholders of trawl catcher/processors. The
types of data collected will include, but not be limited to, labor
data, revenues, capital and operational expenses, and other operational
or financial data. This action is intended to promote the goals and
objectives of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act), the Fishery Management Plan for Groundfish
of the Gulf of Alaska, and other applicable laws.
DATES: Effective: January 1, 2015.
ADDRESSES: Electronic copies of this rule, the Regulatory Impact Review
(RIR)/Initial Regulatory Flexibility Analysis (IRFA), Categorical
Exclusion, and Final Regulatory Flexibility Analysis (FRFA) prepared
for this action may be obtained from http://www.regulations.gov or from
the Alaska Region Web site at http://alaskafisheries.noaa.gov. Written
comments regarding the burden-hour estimates or other aspects of the
collection-of-information requirements contained in this rule may be
submitted to NMFS Alaska Region, P.O. Box 21668, Juneau, AK 99802,
Attn: Ellen Sebastian, Records Officer; in person at NMFS Alaska
Region, 709 West 9th Street, Room 420A, Juneau, AK; and by email to
[email protected] or faxed to 202-395-7285.
FOR FURTHER INFORMATION CONTACT: Jeff Hartman, 907-586-7228
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the
exclusive economic zone of the GOA and Bering Sea and Aleutian Islands
Management Area under the Fishery Management Plan for Groundfish of the
Gulf of Alaska and the Fishery Management Plan for Groundfish of the
Bering Sea and Aleutian Islands Management Area (collectively, the
FMPs). The Council prepared these FMPs under the authority of the
Magnuson-Stevens Act, 16 U.S.C. 1801 et seq. Regulations implementing
the FMPs appear at 50 CFR part 679. General regulations governing U.S.
fisheries also appear at 50 CFR part 600.
This final rule implements the Gulf of Alaska Trawl Economic Data
Report Program to collect baseline economic data on the GOA trawl
groundfish fishery. The data will help the Council and NMFS to evaluate
the effect of a prospective GOA trawl catch share management program on
harvesters, processors, and communities. The program will collect data
annually from January 1, 2015, onward and require that participants
submit the data in an economic data report (EDR). The program will
minimize the economic data reporting burden by only collecting
reliable, relevant data that NMFS cannot obtain from existing data
collections.
The Council is considering new management measures so participants
in the GOA trawl fisheries can efficiently reduce prohibited species
catch (PSC). One of the management measures the Council is considering
for the GOA groundfish trawl fishery is a catch share program. A catch
share program allocates exclusive harvest privileges for certain
groundfish or shellfish species to specific fishery participants. An
exclusive harvest privilege allows fishery participants to tailor their
fishing operations, such as choosing when to fish, with their available
groundfish or other species allocation. This contrasts with open access
programs, where participants engage in a ``race for fish'' with other
fishery participants seeking to maximize their harvest before the total
allowable catch is reached.
[[Page 71314]]
Given the potential for a catch share program in the GOA, the scope
of this action includes participants in trawl fisheries in the West
Yakutat District, Central GOA regulatory area, and the Western GOA
regulatory area, or processors that receive groundfish from those trawl
fishery participants. As described in the proposed rule (79 FR 46758,
August 11, 2014), the collection of baseline economic data in these
regulatory areas will help the Council and NMFS understand the
potential economic and employment impacts of a prospective GOA trawl
catch share management program on persons participating in specific job
categories of fishing, processing, or administration of fishing
operations. The data from this program could help guide future
decisions about the management of a GOA trawl catch share program.
Actions Implemented by the Final Rule
The GOA Trawl EDR Program establishes economic data submission
requirements. The GOA Trawl EDR Program includes one existing, but
revised data submission form, and two new data submission forms. The
revised data form, the Annual Trawl Catcher/Processor EDR (Trawl C/P
EDR), replaces the EDR currently required under the Amendment 80
Program. Owners and leaseholders of a vessel that was named on a
Limited License Program (LLP) groundfish license that authorizes a
Catcher/processors (C/Ps) using trawl gear to harvest and process LLP
groundfish in the GOA must submit the Trawl C/P EDR form. The two new
data submission forms implemented by this rule are the Annual Trawl
Catcher Vessel EDR (Trawl CV EDR) form and the Annual Shoreside
Processor EDR (Processor EDR) form. Owners and leaseholders of any
vessel named on an LLP groundfish license that authorizes a catcher
vessel using trawl gear to harvest LLP groundfish species in the GOA
must submit the new Trawl CV EDR form. Owners and leaseholders of a
shoreside or stationary floating processor with a Federal Processor
Permit that processes groundfish caught by vessels with trawl gear in
the GOA must submit the new Processor EDR form. These three operational
groups and three types of EDRs are described in greater detail in the
following sections of this preamble, and in the RIR/IRFA at Section 3.7
and 3.9.
NMFS is publishing this final rule implementing the GOA Trawl EDR
Program to collect data to assess the future economic effects of any
potential GOA trawl catch share program. The two new EDRs (Trawl CV EDR
and Processor EDR), and the revised Trawl C/P EDR are effective on
January 1, 2015 to ensure that sufficient data is available to assist
NMFS and the Council in making such assessment. As of the effective
date of January 1, 2015, all persons required to submit an EDR must
begin retaining records used to report on a full calendar year of data.
The first annual EDRs will be submitted for the calendar year 2015 in
June of the following year (i.e., June 2016), and in June of each
subsequent year. This implementation schedule provides the EDR
submitters with sufficient time to prepare and maintain records
necessary to complete and submit the EDR. Persons subject to the EDR
submission requirement are, for example, expected to keep associated
GOA trawl invoices starting January 1, 2015, that would then be used to
calculate cost figures entered into the 2015 EDR.
Finally, this final rule modifies Amendment 80 program regulations
at Sec. 679.94(a) to rename the ``Amendment 80 Economic Data Report''
as the ``Annual Trawl Catcher/Processor Economic Data Report'' because
the Trawl C/P EDR must now be submitted by all GOA trawl vessel owners
and operators, not just the participants in the Amendment 80 Program.
The final rule implements new regulations at Sec. 679.94(a)(1) and at
Sec. 679.110(a)(3) to require the owner or leaseholder of any vessel
named on a Limited License Program (LLP) groundfish license that
authorizes a C/P using trawl gear to harvest and process LLP groundfish
in the GOA to submit a Trawl C/P EDR as described at Sec. 679.94 for
that calendar year.
This action streamlines and removes unnecessary regulatory
requirements in the regulations implementing the Amendment 80 EDR,
codified at Sec. 679.94. Prior to this rule, the regulatory text
described data elements that must be submitted in the Amendment 80 EDR
data fields, such as costs for oil, fuel, freight, storage, food, and
provisions. Rather than specify all the data that must be submitted in
the EDR, this rule amends Sec. 679.94 to state that persons required
to submit a Trawl C/P EDR are to do so by filling out a Trawl C/P EDR
form. The text removed by this rule is unnecessary because it
duplicates instructions on each EDR form that describe each data field
and what figures should be entered. Removing the regulatory text
specifying data that must be submitted does not eliminate the data
submission requirement because the regulations retain the EDR
submission requirement.
This streamlined approach for specifying data fields in the data
form and not in regulation is also applied to the Trawl CV and
Processor EDRs. This approach gives NMFS the flexibility to modify EDR
data fields without a corresponding regulatory amendment. Furthermore,
this approach will prevent confusion if, as has occurred in the past,
the data submission text in the regulations and EDR forms differ.
Overall, this approach will provide submitters with a clearer
understanding of what data must be submitted. This approach allows NMFS
to consult with EDR submitters and the Council, and based on the
consultations, amend, add, or remove specific data requests as needed.
This approach ensures the EDRs provide the data necessary to assess the
economic performance of trawl C/Ps in both the Amendment 80 fishery and
the GOA fishery on a timely basis.
Responses to Comments
A proposed rule to implement the GOA Trawl EDR Program was
published on August 11, 2014 (79 FR 46758), and the comment period
ended September 10, 2014. NMFS received two comment letters on the
proposed rule from fishing industry representatives associated with GOA
trawl fisheries, and one comment letter from a member of the general
public. In addition to the public comment on the proposed rule, NMFS
received comments from the Small Business Administration (SBA) on the
IRFA. The comments from SBA are addressed in the FRFA prepared for this
action (See ADDRESSES) and the Classification section of this final
rule.
The comment from a member of the general public opposed the
proposed action but the reasons provided for opposition were not
directly related to the proposed action. The comment letters from both
fishing industry representatives supported the action and contained
four specific comments about the GOA Trawl EDR Program. Following is a
summary of and response to these four comments.
Comment 1: Two comments addressed the process that will be used in
the future to revise the GOA Trawl EDR forms and instructions. Both
comments expressed support for the process described in the RIR/IRFA
and the proposed rule to vet any future revisions of the EDR forms
through the Council. One comment specifically noted that the current
GOA Trawl EDR forms are likely to be redrafted once a new trawl catch
share program is implemented in the GOA. When this occurs, the
commenter anticipates that the GOA Trawl EDR would be modified to
capture the objectives as well as to gather information about the new
trawl catch share program's economic
[[Page 71315]]
impacts. The commenter further noted that the proposed rule preamble
states that specific data fields on the EDR forms will not be described
in regulation and requested clarification of the process through which
future revisions will be made to the EDR forms and instructions.
Response: NMFS agrees and below, clarifies the process through
which future revisions will be made to GOA Trawl EDR forms and
instructions. The GOA Trawl EDR forms and instructions that are
submitted to OMB for approval are available on the NMFS Alaska Region
Web site at: http://www.alaskafisheries.noaa.gov/sustainablefisheries/trawl/edr.htm. Any proposed or recommended revisions to GOA Trawl EDR
forms or instructions will be forwarded to the Council by NMFS Alaska
Region staff for review. NMFS will not make any changes to the GOA
Trawl EDR forms or instructions, or start the PRA compliance process,
without first consulting the Council. At the conclusion of Council
review, NMFS Alaska Region staff will prepare and submit GOA trawl EDR
form changes to OMB for approval and PRA compliance.
If NMFS identifies any necessary revisions to the GOA Trawl EDR
forms or instructions, the NMFS Alaska Region will forward the
recommended revisions to the Council's Executive Director. The
Council's Executive Director will determine whether the proposed
revisions (1) are minor, for example, and do not warrant Council
review, or (2) should be reviewed by the Council, including the
Scientific and Statistical Committee and Advisory Panel, during a
Council meeting. This procedure allows the Council and public to review
any future proposed revisions to these three GOA Trawl EDR forms, prior
to their implementation.
Comment 2: The commenter states that portions of the Processor EDR
that request labor data are not clear and the instructions should
clarify the data requested. According to the preamble, on page 46763 of
the proposed rule, ``these employment data elements would be aggregated
in the EDR for all fisheries, GOA management areas, and gear types.''
NMFS determined that employment data from processors should not be
broken out by fishery because employees may process fish from more than
one fishery in a week or month, or participate in more than one type of
processing job. The reporting burden for processors to report labor
data that is separated by fishery would be burdensome, and potentially
delay implementation of this program. Because the preamble states that
``the Processor EDR form would collect monthly data on the average
number of groundfish processing employment positions and the associated
labor hours and wage payments'' and that is what is being asked for in
Table 1 of the form, the commenter assumes that these are references to
groundfish processing only and not non-groundfish processing (e.g.,
salmon, crab). However, the commenter states, nowhere on the EDR forms
are these clarifications articulated.
Response: NMFS agrees that the instructions for the Processor EDR
should be revised to clarify that respondents are required to report
totals for all groundfish processing labor, aggregating over all
groundfish species, fisheries, and locations of catch, and excluding
salmon, shellfish, or other non-groundfish processing. Following the
process described in the response to Comment 1, NMFS will submit this
revision to the Processor EDR instructions to the Council's Executive
Director prior to EDR form submission to OMB for PRA compliance and
finalization.
Comment 3: The commenter cites to page 46762 of the proposed rule,
which states: ``based on 2012 data, there are currently 84 LLP licenses
endorsed as trawl catcher vessels in the GOA.'' Although 84 trawl CVs
may have been active in the GOA in 2012, the commenter noted that other
documents prepared by Council staff stated that ``in 2013, 115 CV LLPs
were issued with a trawl endorsement in at least one area in the GOA.''
Response: The commenter is correct that more than 84 LLP licenses
endorsed as trawl catcher vessels in the GOA were issued in 2012. The
purpose of the quoted statement in the proposed rule was to provide an
estimate of the number of people who would be required to submit Trawl
CV EDRs. This information was taken from Table 3-1 in the RIR/IRFA (see
ADDRESSES), which provided information about both the number of trawl
catcher vessels used to harvest groundfish in the GOA, and the total
number of LLPs endorsed as trawl catcher vessels in the GOA, from 2010
through 2012.
The instructions for the Trawl CV EDR currently state that ``[E]ach
owner or leaseholder of a vessel named on a Limited License Program
(LLP) groundfish license with catcher vessel and trawl gear
designations and endorsed for the Gulf of Alaska (GOA) during a
calendar year must submit an Annual Trawl Catcher Vessel EDR for that
vessel.'' The instructions further state that owners or leaseholders of
vessels that were used to harvest groundfish in the GOA in a particular
year are required to submit the entire Trawl CV EDR for that year and
owners or leaseholders of vessels that were not used to harvest
groundfish in the GOA in a particular year are required to submit only
the certification pages of the Trawl CV EDR for that year.
In 2014, the total number of LLP licenses endorsed as trawl catcher
vessels in the GOA was 124. One hundred and nine unique catcher vessels
were named on those 124 LLP licenses. Two LLP licenses were not
assigned to a particular vessel. Therefore, 13 of the 109 vessels had
more than one LLP license issued in its name. Based on this
information, NMFS estimates that approximately 109 vessel owners or
leaseholders would be required to submit some portion of the Trawl CV
EDR. From 2008 through 2013 about 70 catcher vessels with LLPs endorsed
for trawl gear in the GOA landed groundfish caught with trawl gear in
the GOA. These 70 vessel owners or lease holders would be required to
submit the full EDR. The owners of remaining 39 vessels named on an LLP
endorsed for trawl gear in the GOA that do not make landings in a
particular year would be required to submit just the certification
pages for the Trawl CV EDR. Section 3.7.1 and Tables 3-1 and 3-2 in the
RIR have been updated to include this information.
Comment 4: The commenter notes that in April 2014, the Council and
NMFS agreed that for the Trawl C/P EDR, the number of days of fishing
and processing activity in a year, as collected in Table 2.5 of the
form, will differentiate between activity in the Amendment 80
fisheries, Central and Western GOA groundfish trawl fisheries, and in
all other fisheries. However, the RIR/IRFA does not have a description
of this specific decision point made by the Council.
Response: NMFS agrees that the RIR does not include a description
of the activity data reported in Table 2.5 of the Trawl C/P EDR. During
the development of the draft EDR form for the Western and Central GOA
trawl fisheries, the Council stated that the data collection program's
purpose was to assist with the Council's development of the Western and
Central GOA limited access management measure. To apply data collected
from trawl C/P operations in the Western and Central GOA, a portion of
Table 2.5 in the Trawl C/P EDR was created to break out activities that
occur in different geographic areas of Alaska. Catch and processing
data for trawl C/Ps in the Amendment 80 Program confirm that Amendment
80 Program vessel activity occurs in either the Amendment 80 Program
fisheries of the
[[Page 71316]]
Bering Sea and Aleutian Islands, or in the Western or Central GOA.
Therefore, Table 2.5, the vessel activity table, in the Trawl C/P EDR
was determined to be the best approach to allocate certain data
collected in the Trawl C/P EDR by activities in the Western and Central
GOA. While the RIR/IRFA explains that the GOA Trawl EDR Program will be
applicable to future Western and Central GOA trawl management measures,
it does not detail the decision points outlined here that led to the
design of Table 2.5 in the Trawl C/P EDR. The RIR/IRFA has been updated
to include a description of the Council's and NMFS' reason for
including the revision to Table 2.5.
Changes From the Proposed Rule to the Final Rule
This rule revises Sec. 679.94(a)(4)(i), (a)(4)(ii), (b), (b)(2),
and (b)(3); Sec. 679.110(a)(1), (a)(3), (d), (d)(1), (d)(2), (e)(1),
(e)(2), and (e)(3) to make editorial changes to clarify the
regulations, but do not change the effect of the regulations.
Amendments to 15 CFR 902.1(b)
Section 3507(c)(B)(i) of the PRA requires that agencies inventory
and display a current control number assigned by the Director, Office
of Management and Budget (OMB), for each agency information collection.
In the regulations at 15 CFR 902.1(b), NMFS identifies the control
numbers that have been approved and issued by OMB. Because this final
rule revises and adds data elements within a collection-of-information
for recordkeeping and reporting requirements, this rule revises 15 CFR
902.1(b) to reference correctly the sections that are from this final
rule.
Classification
The Administrator, Alaska Region, NMFS determined that this final
rule is necessary for the conservation and management of the groundfish
fisheries off Alaska and that it is consistent with the Magnuson-
Stevens Act and other applicable law.
Final Regulatory Flexibility Analysis (FRFA)
Pursuant to section 604 of the Regulatory Flexibility Act, 5 U.S.C.
601 et seq., a FRFA was prepared for this action. The FRFA incorporates
the IRFA, and includes a summary of the significant issues raised by
public comments in response to the IRFA, NMFS' responses to those
comments, and a summary of the analyses completed to support the
action.
A copy of the FRFA prepared for this final rule is available from
NMFS (see ADDRESSES). A description of this action, its purpose, and
its legal basis are included at the beginning of the preamble to this
final rule and are not repeated here. The FRFA is summarized here.
Comments on the IRFA
NMFS published the proposed rule for this action on August 11, 2014
(79 FR 46758). An IRFA was prepared and summarized in the
Classification section of the preamble to the proposed rule. The
comment period closed on September 10, 2014. NMFS received three public
comment letters. These comments did not address the IRFA or the
economic impacts of the rule generally.
The Chief Counsel for Advocacy of the SBA commented on the IRFA to
the Department of Commerce. These comments included a request that the
IRFA be amended to address the following points: 1) Provide a cross-
reference to the RIR (Section 2) in the IRFA (or FRFA) to identify the
significant alternatives discussed in the RIR; 2) improve the
description of small entities directly regulated by the action, by
representing them in a table, and provide North American Industry
Classification System (NAICS) codes for any category of regulated
entities discussed; and 3) expand the discussion on the cost or burden
to regulated entities, and apply any previous experience from other
NMFS EDRs to use as a basis for reasonable assumptions about costs.
Rather than revising the IRFA, which is a completed document
accompanying the proposed rule, NMFS is responding to SBA's comments in
the FRFA and below.
1. NMFS has provided a cross reference in the FRFA to additional
information on significant alternatives for this action found in
Section 2 of the RIR/IRFA, and added a description to the FRFA of the
eight alternatives and decision points that were considered in this
final rule.
2. A table has been added to the FRFA to specify the number of
regulated entities and number of small entities that correspond with
the NAICS codes and the criteria for determining which entities are
small. The NAICS codes that apply to this action are for seafood
processing (NAICS 311710) and finfish fishing (NACIS 114111).
3. The cost and burden estimates for this action are added to the
FRFA, and have been informed by experience with the three EDRs
currently implemented in Alaska groundfish and crab fisheries.
Number and Description of Small Entities Regulated by the Action
The entities directly regulated by this action are 1) those
entities that fish groundfish in the Federal waters and parallel
fisheries of the GOA with trawl gear, including groundfish catcher
vessels and C/Ps (NAICS 114111); 2) shoreside processors or SFPs that
take deliveries of groundfish from vessels using trawl gear in the GOA
(NAICS 311710); 3) organizations, including cooperatives of finfish
fishing vessels with sideboard limits for halibut in the GOA (NAICS
114111); and (4) Community Development Quota (CDQ) groups, which are
non-profit organizations (no NAICS code).
The SBA has defined a business primarily involved in finfish
harvesting as a small entity if it is independently owned and operated,
is not dominant in its field of operation (including its affiliates),
and has combined annual gross receipts not in excess of $20.5 million,
for all its affiliated operations worldwide. Using this size standard,
NMFS identified 52 directly regulated small trawl catcher vessels, 2
directly regulated small C/Ps, 53 directly regulated small shoreside or
SFPs, and 2 directly regulated small CDQ groups. NMFS did not identify
any directly regulated small cooperatives.
Recordkeeping and Reporting Requirements
This action modifies recordkeeping and reporting requirements for
directly regulated entities. The costs and burdens of these
requirements are summarized in the discussion of the PRA included in
this final rule, and are not repeated here.
Impacts on Small Entities
The alternatives considered by the Council were developed with the
goal to minimize economic impacts of a data collection program that
collects baseline data on GOA trawl fisheries. That goal has resulted
in a limited data collection program that focuses on areas that are of
greatest need, as the Council considers further development of a trawl
catch share program in the GOA. The preferred alternative chosen by the
Council and implemented by this final rule has several elements,
including the Trawl C/P EDR, the Trawl CV EDR, and the Processor EDR.
The preferred alternative (the action alternative to implement the GOA
Trawl EDR Program) places somewhat larger reporting obligations on
directly regulated small entities than the alternative of retaining the
status quo. There are no alternatives that have a
[[Page 71317]]
smaller adverse economic impact on directly regulated small entities
that still achieve the objectives of the GOA Trawl EDR Program.
NMFS evaluated a number of alternatives to the preferred
alternative, including 1) no action; 2) a variety of additional data
fields for detecting reasons for decisions to use or not use various
PSC avoidance devices or other behaviors to avoid PSC; 3) applying
aggregation procedures to the data to limit analysts from having access
to individual vessel or processor level observations; 4) collection of
landings and production data; 5) creation of blind data for all vessels
submitting the Trawl C/P EDR; 6) extending CV logbooks to vessels less
than 60 feet length overall; 7) reporting employee activities of vessel
owner, operator, or crew for readying a vessel before and after a
fishing trip; and 8) itemizing each data reporting field in the GOA
Trawl EDR Program in regulation.
The no action alternative (Alternative 1) would not achieve the
objectives of this action because much of the economic data on the GOA
trawl fisheries and processing operations that are required to evaluate
the economic effects of a future GOA trawl catch share management
program are not currently collected. Each of the remaining alternatives
considered but not proposed, placed additional burden on reporting
entities, and were not anticipated to improve the quality and accuracy
of data that were necessary for understanding the current economic
conditions in the GOA trawl fisheries, or provide substantially
improved data to understand the potential impact of a GOA trawl catch
share program. None of these alternatives met both the objectives of
the action and had a smaller impact on small entities, compared with
the preferred alternative.
Thus, no other significant alternatives to the preferred
alternative have been identified that meet the Council's goals and
objectives of collecting these data without imposing substantially
greater economic burdens on industry.
The cost and burden estimates in this FRFA have been informed by
experience with the three EDRs currently implemented in Alaska
groundfish and crab fisheries. For example, as described in the RIR for
this action, many of the variables that were removed from the original
annual EDRs currently required of participants in the Crab
Rationalization Program fisheries were considered but not included in
the two new GOA Trawl EDRs. In addition, many of the data fields that
were not selected in the GOA Trawl EDRs are located in other Federal or
State of Alaska data collection programs.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. The preamble
to the proposed rule, instructions in the EDR data forms and this final
rule serve as the small entity compliance guide required. This action
does not require any additional compliance from small entities that is
not described in the preamble to the proposed rule, this final rule or
EDR data forms. Copies of the proposed rule and final rule are
available from the NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov.
Collection-of-Information Requirements
This rule contains collection-of-information requirements subject
to the Paperwork Reduction Act (PRA), which have been approved by the
Office of Management and Budget (OMB). The requirements are listed
below by OMB control number.
OMB Control No. 0648-0564
Public reporting burden is estimated to average 22 hours per
response for Trawl Catcher/processor Economic Data Report (EDR).
OMB Control No. 0648-0700
Public reporting burden is estimated to average 15 hours per
response for Trawl Catcher Vessel EDR; and three hours per response for
the Trawl Shoreside Processor EDR.
Estimated responses include the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
Notwithstanding any other provision 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. All currently approved NOAA
collections of information may be viewed at http://www.cio.noaa.gov/services_programs/prasubs.html.
List of Subjects
15 CFR Part 902
Reporting and recordkeeping requirements.
50 CFR Part 679
Alaska fisheries, Reporting and recordkeeping requirements.
Dated: November 20, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 15 CFR part
902 and 50 CFR part 679 as follows:
TITLE 15--COMMERCE AND FOREIGN TRADE
PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS
0
1. The authority citation for part 902 continues to read as follows:
Authority: 44 U.S.C. 3501 et seq.
0
2. In Sec. 902.1, in the table in paragraph (b), under the entry ``50
CFR'', add entries in alphanumeric order for ``679.110(a) through (f)''
to read as follows:
Sec. 902.1 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
* * * * *
(b) * * *
------------------------------------------------------------------------
Current OMB
control number
CFR part or section where the information collection (all numbers
requirement is located begin with 0648-
)
------------------------------------------------------------------------
* * * * *
50 CFR:
* * * * *
679.110(a) through (f)................................ -0206, -0334, -
0564, -0700
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TITLE 50--WILDLIFE AND FISHERIES
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
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3. The authority citation for part 679 continues to read as follows:
Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.;
Pub. L/108-447; Pub. L. 111-281.
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4. In Sec. 679.2, add, in alphabetical order, definitions for ``Blind
data'' and ``Data collection agent,'' and revise the
[[Page 71318]]
definitions for ``Designated data collection auditor'' and ``Economic
data report'' to read as follows:
Sec. 679.2 Definitions.
* * * * *
Blind data means any data collected from an economic data report by
the data collection agent that are subsequently amended by removing
personal identifiers, including, but not limited to social security
numbers, crew permit numbers, names and addresses, Federal fisheries
permit numbers, Federal processor permit numbers, Federal tax
identification numbers, and State of Alaska vessel registration and
permit numbers, and by adding in their place a nonspecific identifier.
* * * * *
Data collection agent (DCA) means the entity selected by the
Regional Administrator to distribute an EDR to a person required to
complete it, to receive the completed EDR, to review and verify the
accuracy of the data in the EDR, and to provide those data to
authorized recipients.
* * * * *
Designated data collection auditor (DDCA) means an examiner
employed by, or under contract to, the data collection agent (DCA) to
verify data submitted in an economic data report or the NMFS-designated
contractor to perform the functions of a data collection auditor.
* * * * *
Economic data report (EDR) means the report of cost, labor,
earnings, and revenue data required under Sec. 679.65, Sec. 679.94,
and Sec. 679.110.
* * * * *
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5. Revise Sec. 679.94 to read as follows:
Sec. 679.94 Economic data report (EDR) for the Amendment 80 sector
and Gulf of Alaska Trawl Catcher/Processors.
(a) Annual Trawl Catcher/Processor Economic Data Report (EDR)--(1)
Requirement to submit an EDR. A person who held an Amendment 80 QS
permit during a calendar year, or an owner or leaseholder of a vessel
that was named on a Limited License Program (LLP) groundfish license
that authorizes a Catcher/Processor using trawl gear to harvest and
process LLP groundfish species in the GOA must submit a complete Annual
Trawl Catcher/Processor EDR for that calendar year by following the
instructions on the Annual Trawl Catcher/Processor EDR form.
(2) Deadline. A completed EDR or EDR certification pages must be
submitted as required on the form to NMFS for each calendar year on or
before 1700 hours, A.l.t., June 1 of the following year.
(3) Information required. The Annual Trawl Catcher/Processor EDR
form is available on the NMFS Alaska Region Web site at
www.alaskafisheries.noaa.gov, or by contacting NMFS at 1-800-304-4846.
(4) EDR certification pages. Any person required to submit an EDR
under paragraph (a)(1) of this section, or their designated
representative, if applicable, must submit the EDR certification
statement as either:
(i) Part of the entire EDR. A person submitting the completed EDR
must attest to the accuracy and completion of the EDR by signing and
dating the certification portion of the EDR form; or
(ii) EDR certification only. A person submitting a completed EDR
certification only must attest that they meet the conditions exempting
them from submitting the entire EDR as described in the certification
portion of the Annual Trawl Catcher/Processor EDR form and sign and
date the certification portion of the EDR form.
(b) Verification of EDR data. (1) NMFS, the DCA, or the DDCA will
conduct verification of information with a person required to submit
the Annual Trawl Catcher/Processor EDR, or if applicable, that person's
designated representative.
(2) A person required to submit the Annual Trawl Catcher/Processor
EDR or designated representative, if applicable, must respond to
inquiries by NMFS, the designated DCA, or the DDCA within 20 days of
the date of issuance of the inquiry.
(3) A person required to submit the Annual Trawl Catcher/Processor
EDR or designated representative, if applicable, must provide copies of
additional data to facilitate data verification. NMFS, the DCA, or the
DDCA may review and request copies of additional data provided by the
person required to submit the Annual Trawl Catcher/Processor EDR form
or designated representative, if applicable, including but not limited
to, previously audited or reviewed financial statements, worksheets,
tax returns, invoices, receipts, and other original documents
substantiating the data submitted in an Annual Trawl Catcher/Processor
EDR form.
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6. Add subpart J, consisting of Sec. 679.110, to read as follows:
Subpart J--Gulf of Alaska Trawl Economic Data
Sec. 679.110 Gulf of Alaska Trawl Economic Data Reports (EDRs).
(a) Requirements to submit an EDR--(1) GOA Trawl Catcher Vessels.
The owner or leaseholder of any vessel who is named on a Limited
License Program (LLP) groundfish license that authorizes a catcher
vessel using trawl gear to harvest LLP groundfish species in the GOA
must submit a complete Annual Trawl Catcher Vessel Economic Data Report
(EDR) for that calendar year by following the instructions on the
Annual Trawl Catcher Vessel EDR form.
(2) GOA Shoreside Processors and Stationary Floating Processors.
The owner or leaseholder of a shoreside processor or stationary
floating processor with a Federal Processor Permit (FPP) that processes
groundfish caught by vessels fishing with trawl gear in the GOA must
submit a complete Annual Shoreside Processor Economic Data Report (EDR)
for that calendar year by following the instructions on the Annual
Shoreside Processor EDR form.
(3) Annual Trawl Catcher/Processor Economic Data Report (EDR). The
owner or leaseholder of a vessel that is named on a Limited License
Program (LLP) groundfish license that authorizes a Catcher/Processor
using trawl gear to harvest and process LLP groundfish in the GOA must
submit an Annual Trawl Catcher/Processor EDR as described at Sec.
679.94 for that calendar year.
(b) Deadline. A completed EDR or EDR certification page for:
(1) The Annual Trawl Catcher Vessel EDR or the Annual Shoreside
Processor EDR must be submitted to the DCA for each calendar year on or
before 1700 hours, A.l.t., June 1 of the following year, or
(2) The Annual Trawl Catcher/Processor EDR must be submitted to
NMFS as required at Sec. 679.94(a)(2).
(c) Information required. The Annual Trawl Catcher Vessel EDR,
Annual Shoreside Processor EDR, and Annual Trawl Catcher/Processor EDR
forms are available on the NMFS Alaska Region Web site at
www.alaskafisheries.noaa.gov, or by contacting NMFS at 1-800-304-4846.
(d) EDR certification. A person required to submit an EDR under
paragraph (a) of this section, or the designated representative, if
applicable, must submit the EDR certification statement as either:
(1) Part of the entire EDR. A person submitting the applicable EDR
form must attest to the accuracy and completion of the EDR by signing
and
[[Page 71319]]
dating the certification portion of the applicable EDR form; or
(2) EDR certification only. A person submitting a completed EDR
certification only must attest that they meet the conditions exempting
them from submitting the entire EDR as described in the certification
portion of the applicable EDR form and sign and date the certification
portion of the form.
(e) Verification of EDR data. (1) NMFS, the DCA, or the DDCA will
conduct verification of information with a person required to submit
the applicable EDR, or if applicable, that person's designated
representative.
(2) The person required to submit the applicable EDR or designated
representative, if applicable, must respond to inquiries by NMFS, the
designated DCA, or the DDCA within 20 days of the date of issuance of
the inquiry.
(3) The person required to submit the applicable EDR or designated
representative, if applicable, must provide copies of additional data
to facilitate data verification. NMFS, the DCA, or the DDCA may review
and request copies of additional data provided by the person required
to submit the applicable EDR form or designated representative, if
applicable, including but not limited to, previously audited or
reviewed financial statements, worksheets, tax returns, invoices,
receipts, and other original documents substantiating the data
submitted in an EDR form.
(f) DCA authorization. Except for EDR data submitted as required
under Sec. 679.94(a), the DCA is authorized to release unaggregated
EDR data to authorized data users in blind data format only.
[FR Doc. 2014-28093 Filed 12-1-14; 8:45 am]
BILLING CODE 3510-22-P