Federal Register, Volume 75, Number 95, May 18, 2010, Pages 27631-27922 Page: 27,658
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Federal Register/Vol. 75, No. 95/Tuesday, May 18, 2010/Rules and Regulations
Table 1 would be eligible to carry an
observer if requested. However, NMFS
would only request a fraction of the
total number of participants to carry an
observer based on the sampling protocol
identified for each fishery by regional
observer programs. As noted throughout
this proposed rule, NMFS would select
vessels and focus coverage in times and
areas where fishing effort overlaps with
sea turtle distribution. Due to the
unpredictability of fishing effort, NMFS
cannot determine the specific number of
vessels that would be requested to carry
an observer.
If a vessel is requested to carry an
observer, fishers will not incur any
direct economic costs associated with
carrying that observer. Potential indirect
costs to individual fishers required to
take observers may include: lost space
on deck for catch, lost bunk space, and
lost fishing time due to time needed to
process bycatch data. For effective
monitoring, however, observers will
rotate among a limited number of
vessels in a fishery at any given time
and each vessel within an observed
fishery has an equal probability of being
requested to accommodate an observer.
The potential indirect costs to
individual fishers are expected to be
minimal because observer coverage
would only be required for a small
percentage of an individual vessel's
total annual fishing time. In addition, 50
CFR 222.404(b) states that an observer
will not be placed on a vessel if the
facilities for quartering an observer or
performing observer functions are
inadequate or unsafe, thereby exempting
vessels too small to accommodate an
observer from this requirement. As a
result of this certification, an initial
regulatory flexibility analysis is not
required and was not prepared.
The requirements to carry an observer
when requested for those fisheries
included on the 2010 AD through this
final rule are included under an existing
collection-of-information that was
approved by the Office of Management
and Budget (OMB) under OMB control
number 0648-0593.
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 Paperwork
Reduction Act, unless that collection of
information displays a currently valid
OMB Control Number.
This final rule has been determined to
be not significant for the purposes of
Executive Order 12866.
An environmental assessment (EA)
was prepared under the NationalEnvironmental Policy Act (NEPA) for
regulations to implement this observer
requirement in 50 CFR part 222, subpart
D. The EA concluded that implementing
these regulations would not have a
significant impact on the human
environment. This fianl rule would not
make any significant change in the
management of fisheries included on
the AD, and therefore, this final rule
would not change the analysis or
conclusion of the EA. If NMFS takes a
management action, for example,
requiring fishing gear modifications
such as TEDs, NMFS would first
prepare an environmental document as
required under NEPA and specific to
that action.
This final rule would not affect
species listed as threatened or
endangered under the Endangered
Species Act (ESA) or their associated
critical habitat. The impacts of
numerous fisheries have been analyzed
in various biological opinions, and this
final rule would not affect the
conclusions of those opinions.
Including fisheries on the AD is not
considered to be a management action
that would adversely affect threatened
or endangered species. If NMFS takes a
management action, for example,
requiring modifications to fishing gear
and/or practices, NMFS would review
the action for potential adverse affects to
listed species under the ESA.
This final rule would have no adverse
impacts on sea turtles and may have a
positive impact on sea turtles by
improving knowledge of sea turtles and
the fisheries interacting with sea turtles
through information collected from
observer programs.
Literature Cited
Murray, K.T. 2009. Characteristics
and magnitude of sea turtle bycatch in
US mid-Atlantic gillnet gear.
Endangered Species Research 8:211-
224.
National Marine Fisheries Service.
2009. Draft 2009 Marine Mammal Stock
Assessment Reports for the Atlantic
Ocean and Gulf of Mexico.
http://www.nmfs.noaa.gov/pr/pdfs/
sars/ao2009 draft appendices.pdf
Dated: May 11, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2010-11856 Filed 5-17-10; 8:45 am]
BILLING CODE 3510-22-SDEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 090508900-91414-02]
RIN 0648-AX75
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Snapper-
Grouper Fishery of the South Atlantic;
Red Snapper Closure
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; interim
measures extended.
SUMMARY: NMFS issues this temporary
rule to extend the effective date of
interim measures to reduce overfishing
of red snapper in the South Atlantic
implemented by a temporary rule
published by NMFS on December 4,
2009 (74 FR 63673). This temporary rule
extends the closure of the commercial
and recreational fisheries for red
snapper in the exclusive economic zone
(EEZ) of the South Atlantic as requested
by the South Atlantic Fishery
Management Council (Council). The
intended effect of this rule is to reduce
overfishing of red snapper in the South
Atlantic.
DATES: The effective date for the interim
rule published at 74 FR 63673,
December 4, 2009, is extended from
June 3, 2010, through December 5, 2010,
unless NMFS publishes a superseding
document in the Federal Register.
ADDRESSES: Copies of the final
regulatory flexibility analysis (FRFA)
and environmental assessment (EA) may
be obtained from Karla Gore, Southeast
Regional Office, NMFS, 263 13th
Avenue South, St. Petersburg, FL 33701.
FOR FURTHER INFORMATION CONTACT:
Karla Gore, telephone: 727-551-5305.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery off the southern
Atlantic states is managed under the
Fishery Management Plan for the
Snapper-Grouper Fishery of the South
Atlantic Region (FMP). The FMP was
prepared by the Council and is
implemented under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) by regulations
at 50 CFR part 622.
On December 4, 2009, NMFS
published the final temporary rule (74
FR 63673) to implement measures toestablish a closure of the commercial
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United States. Office of the Federal Register. Federal Register, Volume 75, Number 95, May 18, 2010, Pages 27631-27922, periodical, May 18, 2010; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc52676/m1/36/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.