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Federal Register / Vol. 86, No. 192 / Thursday, October 7, 2021 / Rules and Regulations 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.
NMFS did not receive any comments regarding this certification. As a result, a regulatory flexibility analysis was not required and none was prepared.
This final rule has been determined to be not significant for purposes of Executive Order 12866.
This final rule contains a change to a collection of information requirement for the purposes of the Paperwork Reduction Act PRA. This rule revises the existing requirements for the collection of information under OMB
Control Number 06480490 Pacific Islands Permit Family of Forms by modifying the type of permit issued in the American Samoa longline fishery limited entry program. Changes required under this rule applicable to the PRA
include the consolidation of the four current permit size classes Class A, B, C, and D into two permit class sizes small and large, the restriction of permit eligibility to U.S. citizens, U.S.
nationals, and U.S. companies, partnerships, or corporations, and the elimination of the requirement to have documented history of participation in the fishery to be eligible for a permit.
These changes require revising the permit application form. In the proposed rule published in the Federal Register for a 45-day comment period, NMFS indicated our intent to revise this information collection 86 FR 37982, July 19, 2021. The revision is not expected to affect the number of respondents or anticipated responses or to effect the number of burden hours and burden cost to fishermen. The public reporting burden for completing an American Samoa longline fishery permit application is estimated to average 1.25 hours per response, including the time for reviewing instructions, gathering the data needed, and submitting the permit application.
We invite the general public and other Federal agencies to comment on proposed and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the publics reporting burden. Written comments and recommendations for this information collection should be submitted on the following website:
www.reginfo.gov/public/do/PRAMain.
Find this particular information collection by using the search function and entering either the title of the collection or the OMB Control Number 06480490.
Notwithstanding any other provisions of the law, no person is required to
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respond or, nor shall any person by 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, Longline, Pacific Islands.
Dated: September 29, 2021.
Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

For the reasons set out in the preamble, NMFS amends 50 CFR part 665 as follows:
PART 665FISHERIES IN THE
WESTERN PACIFIC
1. The authority citation for 50 CFR
part 665 continues to read as follows:

Authority: 16 U.S.C. 1801 et seq.

2. In 665.12, add the definition of Small vessel in alphabetical order to read as follows:

665.12

Definitions.

Small vessel means, as used in this part, any vessel less than 50 ft 15.2 m in length overall.

3. In 665.14, revise paragraph b1iiA to read as follows:
665.14

Reporting and recordkeeping.

b
1
ii
A The operator of a fishing vessel subject to the requirements of 665.801b or a large vessel subject to the requirements of 665.801c must maintain on board the vessel an accurate and complete record of catch, effort, and other data electronically using a NMFS-certified electronic logbook, and must record and transmit electronically all information specified by the Regional Administrator within 24
hours after the completion of each fishing day.

4. In 665.19, revise paragraph a2
to read as follows:
665.19

Vessel monitoring system.

a
2 American Samoa large vessel longline limited entry permit issued pursuant to 665.801c;

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5. In 665.802, revise paragraph x to read as follows:

665.802

Prohibitions.

x Fail to comply with a term or condition governing the observer program established in 665.808, if using a vessel registered for use with a Hawaii longline limited access permit, or a vessel greater than 40 ft 12.2 m LOA registered for use with an American Samoa longline limited access permit to fish for western Pacific pelagic MUS using longline gear.

6. Revise 665.816 to read as follows:
665.816 American Samoa longline limited entry program.

a General. Under 665.801c, certain U.S. vessels are required to be registered for use under a valid American Samoa longline limited access permit. Under the American Samoa Longline Limited Entry Program, the maximum number of longline fishing permits available is limited to 60
permits annually.
b Terminology. For purposes of this section, the following terms have these meanings:
1 Documented participation means participation proved by, but not necessarily limited to, a properly submitted NMFS or American Samoa logbook, an American Samoa creel survey record, a delivery or payment record from an American Samoa-based cannery, retailer or wholesaler, an American Samoa tax record, an individual wage record, ownership title, vessel registration, or other official documents showing:
i Ownership of a vessel that was used to fish in the EEZ around American Samoa; or ii Evidence of work on a fishing trip during which longline gear was used to harvest western Pacific pelagic MUS in the EEZ around American Samoa. If the applicant does not possess the necessary documentation of evidence of work on a fishing trip based on records available only from NMFS or the Government of American Samoa e.g., creel survey record or logbook, the applicant may issue a request to PIRO to obtain such records from the appropriate agencies, if available. The applicant should provide sufficient information on the fishing trip to allow PIRO to retrieve the records.
2 Family means those people related by blood, marriage, and formal or informal adoption.
c Vessel size classes. The Regional Administrator shall issue American Samoa longline limited access permits in the following size classes:

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