Proposed Rules. Proposed rule; request for comments

2,820 words·~13 min read·/register/2007/02/21/07-750

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BILLING CODE 4310-55-M DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 [Docket No. 070207026-7026-01; I.D. 012207A] RIN 0648-AS29 Fisheries in the Western Pacific; Optional Use of Electronic Logbook Forms AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. SUMMARY: This proposed rule would allow fishery participants in U.S. domestic pelagics, crustaceans, bottomfish and seamount groundfish, precious corals, and coral reef fisheries of the western Pacific the optional use of NMFS-approved electronic logbook forms in lieu of paper logbooks.

The intended effects of this action are to enhance the efficiency of fish catch and effort data reporting and recordkeeping by fishermen, reduce human error, and improve data accuracy. DATES: Comments on the proposed rule must be received by March 23, 2007. ADDRESSES: You may submit comments, identified by AS29elog by any of the following methods: • E-mail: *AS29elog@noaa.gov* . Include “AS29elog” in the subject line of the message. • Federal e-Rulemaking Portal: *www.regulations.gov* .

Follow the instructions for submitting comments. • Mail: William L. Robinson, Administrator, NMFS Pacific Islands Region (PIR), 1601 Kapiolani Blvd. 1110, Honolulu, HI 96814. Written comments regarding the burden-hour estimates or other aspects of the collection-of-information requirements contained in this proposed rule may be submitted to William L. Robinson (see ADDRESSES ), or by e-mail to *David_Rostker@omb.eop.gov* , or faxed to 202-395-7285. Copies of the Fishery Management Plans

(FMPs)and the regulatory amendment document that describes the proposed changes may be obtained from Kitty M. Simonds, Executive Director, Western Pacific Fishery Management Council (Council), 1164 Bishop Street, Suite 1400, Honolulu, HI 96813 or via the World Wide Web at *www.wpcouncil.org* . FOR FURTHER INFORMATION CONTACT: Bob Harman, NMFS PIR, 808-944-2271. SUPPLEMENTARY INFORMATION: Electronic Access This **Federal Register** document is also accessible via the World Wide Web at the Office of the Federal Register: *www.gpoaccess.gov/fr/index.html* . Background The NMFS Pacific Islands region encompasses western Pacific Federal waters, i.e., the 200 nautical mile U.S. Exclusive Economic Zone (EEZ), around the Territories of Guam and American Samoa, the State of Hawaii, the Commonwealth of the Northern Mariana Islands, and the U.S. island possessions in the Pacific. Western Pacific fisheries are currently managed under five Fishery Management Plans (FMPs)—Pelagics, Crustaceans, Bottomfish and Seamount Groundfish, Precious Corals, and Coral Reef Ecosystems. Current regulations (50 CFR 665.14) require that permit holders, who fish for western Pacific management unit species subject to Federal reporting requirements, record their catch and effort information on paper logbook forms and submit them to NMFS. Maintaining paper logbook forms, and the interpretation of such forms, is subject to potential errors due to illegible handwriting and missed data entry. The availability and capacity of personal computers offer benefits to fishery participants and NMFS data collection programs. The proposed optional use of electronic logbook data collection systems would utilize existing and emerging technologies to enhance the efficiency of fish catch and effort data reporting and recordkeeping by fishermen, reduce human error, and improve data accuracy. Furthermore, if transmitted through a remote communication system such as electronic mail or vessel monitoring system, electronic reporting provides a near real-time catch reporting system. At its 123 rd meeting in June 2004, the Council took final action to recommend amending the western Pacific regulations to provide fishermen an alternative to the currently-required paper logbook forms. Specifically, fishermen would be allowed to submit logbook data to NMFS on removable non-paper media (such as diskette, CD-ROM, memory stick, etc.), and would also be allowed to transmit the data to NMFS via e-mail or other remote communication systems, where such remote transmission was appropriate and feasible. The option to use electronic logbook forms would be available to fishermen who are subject to Federal reporting requirements under all western Pacific FMPs, as well as those participants in fisheries that may become subject to Federal reporting requirements. This action does not establish the technical requirements or protocols for the electronic logbook program. The technical and legal specifications and operational details for the electronic logbook software program and hardware requirements will be developed and published by NMFS subsequent to this proposed rule. Using the information contained in the Council's proposed regulatory amendment, a Regulatory Impact Review

(RIR)was prepared for this proposed rule. Copies of the Regulatory Impact Review

(RIR)may be obtained from William L. Robinson (see ADDRESSES ). Classification NMFS has determined that the proposed rule is consistent with the western Pacific FMPs and preliminarily determined that the rule is consistent with the Magnuson-Stevens Fishery Conservation and Management Act and other applicable laws. This proposed rule has been determined to be not significant for purposes of Executive Order 12866. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. The factual basis for the certification is as follows: The basis and purpose of this rulemaking are discussed in the preamble to this rule. Nearly 200 vessels, all of which are considered to be small entities under the Small Business Administration definitions, will be impacted by this rule. All vessels are considered small entities because their annual gross receipts are less than $4.0 million, so there will be no disproportionate economic impact between small and large vessels resulting from this proposed rulemaking. In addition, there are no disproportionate economic impacts among vessels resulting from different vessel length, gear type, or location of home port. Considering the positive and minor nature of economic impacts under the preferred alternative, NMFS has determined that this rule will not have a significant economic impact on a substantial number of small business entities because:

(1)the rule does not require the use of electronic reporting, and firms choosing to commit to electronic reporting will do so only if this mode of reporting is economically beneficial to them relative to the use of the paper logbooks currently required, and

(2)NMFS anticipates that the costs of electronic reporting, for those who choose to adopt it, would only represent a small fraction of the firm's cost of doing business. While this rule could affect a substantial number of vessels, depending on the number of operations opting to choose electronic reporting, it will not have a significant economic impact. As a result, an initial regulatory flexibility analysis is not required and none has been prepared. This proposed rule contains a collection-of-information requirement subject to review and approval by OMB under the Paperwork Reduction Act (PRA), i.e., the optional use of electronic media for logbook data submissions currently required under OMB Control No. 0648-0214. A request to collect this information has been submitted to OMB for approval. The public reporting burden for this collection-of-information is estimated to average five minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Public comment is sought regarding: whether this proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the burden estimate; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collection information, including through the use of automated collection techniques or other forms of information technology. Send comments on these or any other aspects of the collection of information to William L. Robinson (see ADDRESSES ), or by email 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, 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. List of Subjects in 50 CFR Part 665 Administrative practice and procedure, American Samoa, Fisheries, Fishing, Guam, Hawaii, Hawaiian Natives, Northern Mariana Islands, Pacific Remote Island Areas, Reporting and recordkeeping requirements. Dated: February 14, 2007. John Oliver, Deputy Assistant Administrator for Operations, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 665 is proposed to be amended as follows: PART 665—FISHERIES IN THE WESTERN PACIFIC 1. The authority citation for part 665 continues to read as follows: Authority: 16 U.S.C. 1801 *et seq.* 2. In § 665.14, paragraph

(a)is revised to read as follows: § 665.14 Reporting and recordkeeping.

(a)*Fishing record forms.* The operator of any fishing vessel subject to the requirements of §§ 665.21, 665.41, 665.61(a)(4), 665.81, or 665.602 must maintain on board the vessel an accurate and complete record of catch, effort, and other data on paper report forms provided by the Regional Administrator, or electronically as specified and approved by the Regional Administrator. All information specified by the Regional Administrator must be recorded on paper or electronically within 24 hours after the completion of each fishing day. The logbook information, reported on paper or electronically, for each day of the fishing trip must be signed and dated or otherwise authenticated by the vessel operator in the manner determined by the Regional Administrator, and be submitted or transmitted via an approved method as specified by the Regional Administrator, and as required by this paragraph (a). The operator of any vessel subject to the requirements of §§ 665.21, 665.41, 665.61(a)(4), or 665.81 must submit the original logbook information for each day of the fishing trip to the Regional Administrator within 72 hours of each landing of management unit species, unless the fishing was authorized under a PRIA troll and handline permit, a PRIA crustaceans fishing permit, a PRIA bottomfish permit, or a PRIA precious corals fishing permit, in which case the original logbook form for each day of fishing within the PRIA EEZ waters must be submitted to the Regional Administrator within 30 days of each landing of management unit species. For fisheries managed under § 665.602, the original logbook information for each day of the fishing trip must be submitted to the Regional Administrator within 30 days of each landing of management unit species. [FR Doc. E7-2893 Filed 2-20-07; 8:45 am] BILLING CODE 3510-22-S 72 34 Wednesday, February 21, 2007 Notices DEPARTMENT OF AGRICULTURE Forest Service Wallowa-Whitman National Forest, Baker County, Oregon; North Fork Burnt River Mining AGENCY: Forest Service, USDA. ACTION: Notice of intent to prepare a supplement to a final environmental impact statement. SUMMARY: The USDA, Forest Service will prepare a supplemental environmental impact statement

(SEIS)to address the order of Judge Paul Papak, United States District Court, District of Oregon ( *Hells Canyon Preservation Council, and Northwest Environmental Defense Center v. Richard J. Haines, Steve Ellis, and United States Forest Service,* August 4, 2006). Specifically the court found that the April 2004 North Fork Burnt River Final Environmental Impact Statement was deficient because the Agency:

(1)Did not require a certificate of compliance under 33 U.S.C. 1341(a)(1), also referred to as 401 under the Clean Water Act, prior to approvals of the Plans of Operations,

(2)failed to ensure that authorized mining activities will comply with 313 of the Clean Water Act, 33 U.S.C. 1323(a), on the 303(d) listed waters for water-quality limited for sedimentation,

(3)failed to adequately analyze the selection of buffer widths for the riparian habitat conservation areas (RHCAs) and as such is inconsistent with INFISH standard MM-1,

(4)failed to adequately analyze the necessity of new roads and whether alternatives exist and to provide specific assurances that the new road construction will comply with INFISH standard MM-2,

(5)incorrectly determined that settling ponds are not structures subject to INFISH standard MM-2 and therefore failed to perform the required analysis under MM-2 as to alternative locations; and

(6)failed to adequately analyze whether mining and private property access needs, administrative use and needs of other forest users are warranted exceptions to the open-road density guidelines of the Wallowa-Whitman National Forest Land Management Plan. The SEIS will provide additional information and analysis to address the deficiencies noted by the court in the 2004 FEIS, and record the analysis of a proposed non-significant project-specific amendment to the Wallowa-Whitman National Forest's Land and Resource Management Plan

(LRMP)to change Standard #12 and Standard #13 for Management Area 1(LRMP pg. 4-58), and Standard #9 for Management Area 3, 3a (LRMP pg. 4-62) to reflect a more realistic and achievable open road density for these management areas in subwatersheds 83B, 83C, 83D, 83E, 83F and 83G within the North Fork Burnt River Mining planning area in light of the current and projected land uses and management activities for the foreseeable future. DATES: Comments on the scope of the analysis must be postmarked by April 6, 2007, and should be addressed to the Responsible Official below. ADDRESSES: Send written comments and suggestions to Steve Ellis, Forest Supervisor, Wallowa-Whitman National Forest, PO Box 907, Baker City, OR, 97814, or fax comments to

(541)523-1315. Written comments may be delivered to the office in Baker City, at 1550 Dewey Avenue during normal business hours, up through 5 p.m. April 6, 2006. Electronic Comments: Comments may also be e-mailed to: *comments-pacificnorthwest-wallowa-whitman-whitmanunit@fs.fed.us,* by 5 p.m. April 6, 2007. Those submitting electronic copies must do so only to the e-mail address listed above, must put the project name in the subject line, and must either submit comments as part of the e-mail message or as an attachment only in one of the following three formats: Microsoft Word, rich text format

(rtf)or Abobe Portable Document Format (pdf). E-mails submitted to e-mail addresses other than the one listed above or in other formats that those listed or containing viruses will be rejected. Comments received in response to this solicitation, including names and addresses of those who comment, will be considered part of the public record on this proposed action and will be available for public inspection. Additionally, pursuant to 7 CFR 1.27(d), any person may request the agency to withhold a submission from the public record by showing how the Freedom of Information Act

(FOIA)permits such confidentiality. Persons requesting such confidentiality should be aware that, under the FOIA, confidentiality may be granted in only very limited circumstances, such as to protect trade secrets. The Forest Service will inform the requester of the agency's decision regarding the request for confidentiality, and where the request is denied, the agency will return the submission and notify the requester that the comments may be resubmitted with or without name and address within 10 days. The U.S. Department of Agriculture

(USDA)prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at

(202)720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW., Washington, DC 20250-9410, or call

(800)795-3272 (voice) or

(202)720-6382 (TDD). USDA is an equal opportunity provider and employer. FOR FURTHER INFORMATION CONTACT: Sophia Miller, Interdisciplinary Team Leader, Wallowa-Whitman National Forest, Wallowa Mountains Office, 88401 Hwy 82, Box A, Enterprise, OR, Phone:

(541)426-5540. SUPPLEMENTARY INFORMATION: Scoping is not required for supplements to environmental impact statements (40 CFR 1502.9(c)(4)). However, at their discretion the Agency is inviting comments at this time. Comments are sought to help the Agency identify specific information needs and analytical methodologies necessary to fully address the court identified deficiencies. For comments to be most useful, they should be as specific as possible and submitted in writing by the date identified above. A notice will be prepared and circulated to affected Federal, State, and local agencies, affected tribes and individuals and organizations previously expressing an interest in the 2004 FEIS. The Forest Supervisor for the Wallowa-Whitman National Forest is the Responsible Official. The Responsible Official will decide whether or not to

(1)Incorporate the supplemental analysis into the FEIS, and

(2)amend the LRMP to change specific LRMP standards and guidelines for open road densities in subwatersheds 83B, 83C, 83D, 83E, 83F and 83G within the North Fork Burnt River Mining planning area. The Responsible Official will also document the decision and reasons for the decision in the Record of Decision. This Record of Decision will replace and supercede the vacated 2004 Record of Decision for the North Fork Burnt River Mining FEIS. This decision will be subject to Forest Service Appeal Regulations (36 CFR part 215). Dated: February 13, 2007. Steven A. Ellis, Wallowa-Whitman National Forest Supervisor. [FR Doc. 07-750 Filed 2-20-07; 8:45 am]

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