[Federal Register Volume 62, Number 2 (Friday, January 3, 1997)]
[Rules and Regulations]
[Pages 331-332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33391]
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National Oceanic and Atmospheric Administration
50 CFR Part 285
[Docket No. 961209344-6344-01; I.D. 102596D]
RIN 0648-AI29
Atlantic Tuna Fisheries; Permit Requirements
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; technical amendment.
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SUMMARY: NMFS amends the final regulations governing the Atlantic tunas
fisheries by removing references to the Regional Director for the
purposes of applying for and issuing tuna permits. These changes are
necessary to allow the Atlantic tunas permit program to be managed by
contract.
EFFECTIVE DATE: December 30, 1996. See SUPPLEMENTARY INFORMATION for
the permit conversion schedule.
FOR FURTHER INFORMATION CONTACT: Chris Rogers, 301-713-2347.
SUPPLEMENTARY INFORMATION: The Atlantic tuna fisheries are managed
under the authority of the Atlantic Tunas Convention Act (ATCA). The
ATCA authorizes the Secretary of Commerce (Secretary) to implement
regulations as necessary to carry out the recommendations of the
International Commission for the Conservation of Atlantic Tunas
(ICCAT). The authority to implement ICCAT recommendations has been
delegated from the Secretary to the Assistant Administrator for
Fisheries, NOAA.
ICCAT requires contracting parties to report annual fishing effort
and catch statistics for species under international management. To
implement the ICCAT data collection program, NMFS has established
vessel permitting requirements for Atlantic tuna fisheries (60 FR
38505, July 27, 1995). Due to the volume of permits issued, NMFS has
determined that the Atlantic tunas permit program can be more
efficiently managed under contract.
This final rule amends tuna regulations by removing references to
the Regional Director for the purposes of applying for and issuing tuna
permits. These changes are necessary to allow the Atlantic tunas permit
program to be managed by contract. This amendment does not affect any
other requirements for vessel permits. However, all existing Atlantic
tunas permits must be reissued under the new system in order to remain
valid and a fee of $18.00 will be assessed to recover administrative
costs of the contract.
Atlantic tunas permits which expired in 1996, regardless of whether
or not renewed, must be reissued under the new system to remain valid
beginning January 1, 1997. In addition, all new permit applications and
requests for category changes must be made under the new system
beginning January 1, 1997. In a proposed rule to be published soon,
NMFS will propose that permits expiring on or after January 1, 1997
must be renewed under the new system by March 31, 1997. NMFS will
inform vessel owners of procedures to access the new permitting system
in letters to individual permit holders and in notices broadcast over
the Highly Migratory Species FAX network.
Classification
Because this amendment only revises agency procedure or practice,
under 5 U.S.C. 553(b)(A) prior notice and opportunity for comment are
not required. Because this rule is not substantive, under 5 U.S.C.
553(d), it is
[[Page 332]]
not subject to a 30-day delay in effectiveness.
This rule is exempt from review under E.O. 12866.
List of Subjects in 50 CFR Part 285
Fisheries, Fishing, Penalties, Reporting and recordkeeping
requirements, Treaties.
Dated: December 27, 1996.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 285 is amended
by making the following technical amendment:
PART 285--ATLANTIC TUNA FISHERIES
1. The authority citation for part 285 continues to read as
follows:
Authority: 16 U.S.C. 971 et seq.
2. In Sec. 285.21 paragraphs (b)(1), (c), (d), (e), (g) and (l) are
revised to read as follows:
Sec. 285.21 Vessel permits.
* * * * *
(b) Categories of permits. (1) Upon submission of a complete and
valid application pursuant to paragraph (c) of this section, the owner
of each qualifying vessel may be issued a permit by NMFS for one of the
following permit categories: General, Charter/Headboat, Angling,
Harpoon Boat, Purse Seine, or Incidental Catch. A permit will not be
issued for more than one category.
* * * * *
(c) Application procedure. Permits issued under this section must
be renewed upon expiration. A vessel owner applying for an initial
Atlantic tuna permit, or transfer, under this section must submit a
completed permit application signed by the owner or agent on a form
approved by the Assistant Administrator. The application must be
submitted as indicated in the instructions on the form at least 30 days
before the date on which the applicant desires to have the permit made
effective. To be deemed complete, an application must include all the
information required on the form and must contain copies of required
documents as indicated in the instructions on the form. The application
must include the name, address and telephone number of the vessel
owner(s) (for each owner that owns more than a 25 percent interest in
the vessel); the name of the vessel; the port where the vessel is
docked; the official U.S. Coast Guard documentation or state
registration number; the gross tonnage, if known; the length of the
vessel; the engine horsepower; the year the vessel was built; the type
of vessel construction; the type of vessel propulsion; the vessel's
fish hold capacity; the type(s) of fishing gear used; the normal crew
size; number of party or charter passengers licensed to carry (if
applicable); and the category of the permit. In addition, applicants
must submit a copy of the official state registration or U.S. Coast
Guard documentation, party/charter boat license, and, if a boat is
owned by a corporation or partnership, the corporate or partnership
documents (copy of Certificate of Incorporation and Articles of
Association or Incorporation, including the names and addresses of all
shareholders owning 25 percent or more of the corporation's shares).
Except for purse seine vessels, an owner may change the category of the
vessel's permit by application on the appropriate form to the Assistant
Administrator before May 15. After May 15, the vessel's permit category
may not be changed for the remainder of the calendar year, regardless
of any change in the vessel's ownership, unless there is sufficient
evidence for the Assistant Administrator to determine that an error
involving contradictory information was made on the application.
(d) Issuance. (1) Except as provided in subpart D of 15 CFR part
904, a permit shall be issued within 30 days of receipt of a complete
and valid application.
(2) The applicant will be notified of any deficiency in the
application. If the applicant fails to correct the deficiency within 15
days following the date of notification, the application will be
considered abandoned.
(e) Duration. A permit issued under this section remains valid
until it is suspended or revoked, or it expires. A permit issued under
this section expires when the name of the owner or vessel changes, or
upon the renewal date specified on the permit.
* * * * *
(g) Replacement. Replacement permits will be issued when requested
in writing by the owner or authorized representative, stating the need
for replacement, the name of the vessel, and the fishing permit number
assigned. A request for a replacement permit will not be considered a
new application. An appropriate fee, consistent with paragraph (k) of
this section, may be charged for issuance of the replacement permit.
* * * * *
(l) Change in application information. Within 15 days after any
change in the information contained in an application submitted under
this section, the vessel owner must report the change in writing. In
such case, a new permit will be issued to incorporate the new
information. For certain informational changes, NMFS may require
supporting documentation before a new permit will be issued. The permit
is void if any change in the information is not reported within 15
days.
* * * * *
3. In Sec. 285.53 paragraphs (a) through (c), and the first
sentence in (d) are revised to read as follows:
Sec. 285.53 Vessel permits.
(a) Permit requirements. The operator of each vessel that fishes
for, or takes, Atlantic yellowfin, bigeye, albacore, and skipjack tunas
and Atlantic bonito must have on board a valid permit issued under this
section.
(b) Commercial vessel permits. As a prerequisite to selling
Atlantic yellowfin, bigeye, albacore, and skipjack tunas and Atlantic
bonito and to be eligible for exemption from applicable bag limits, if
any, specified in this subpart, an owner or operator of a vessel that
fishes for or takes Atlantic yellowfin, bigeye, albacore, and skipjack
tunas and Atlantic bonito must be issued a vessel permit in the
commercial category appropriate for the gear type or method of fishing.
(c) Charter/Headboat vessel permits. Owners or operators of charter
vessels and headboats must be issued a charter/headboat vessel permit
to lawfully fish for, catch, retain or land Atlantic yellowfin, bigeye,
albacore, and skipjack tunas and Atlantic bonito. Anglers on board
charter vessels and headboats must adhere to applicable catch limits
for the recreational fisheries.
(d) Recreational vessel permits. Owners or operators of private
recreational vessels must be issued vessel permits in order to fish
for, catch, retain, or land Atlantic yellowfin, bigeye, albacore, and
skipjack tunas. * * *
* * * * *
[FR Doc. 96-33391 Filed 12-30-96; 2:50 pm]
BILLING CODE 3510-22-F
