[Federal Register Volume 60, Number 222 (Friday, November 17, 1995)]
[Rules and Regulations]
[Pages 57684-57685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28362]
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[[Page 57685]]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 285
[Docket No. 950426116-5264-03; I.D. 102595B]
RIN 0648-AG14
Atlantic Tuna Fisheries; Permit Requirements
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correcting amendment.
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SUMMARY: NMFS corrects the final regulations governing the Atlantic
tuna fisheries by removing Atlantic bonito from the list of species in
50 CFR 285.53(d) for which a private recreational vessel permit is
required. When issuing the final regulations it was not the intent of
NMFS to extend permit requirements to recreational vessels fishing for
bonito and no other Atlantic tunas.
EFFECTIVE DATE: November 16, 1995.
ADDRESSES: Permit applications and reporting forms are available from
NMFS, Northeast Regional Office, 1 Blackburn Drive, Gloucester, MA
01930-3799.
FOR FURTHER INFORMATION CONTACT: Christopher W. Rogers, 301-713-2347;
or Kevin B. Foster, 508-281-9260.
SUPPLEMENTARY INFORMATION: The Atlantic tuna fisheries are managed
under regulations at 50 CFR part 285 issued under the authority of the
Atlantic Tunas Convention Act (ATCA). The ATCA authorizes the Secretary
of Commerce (Secretary) to implement regulations as may be 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 that contracting parties implement information
collection programs to monitor fishing effort and catch in commercial
and recreational fisheries. By final rule, NMFS revised and extended
the permitting/reporting requirements for the Atlantic tuna fisheries
to apply to all Atlantic tunas (60 FR 38505, July 27, 1995). For ICCAT
fishery data collection purposes, Atlantic tunas are defined under the
regulations to mean: Bluefin tuna, yellowfin tuna, skipjack tuna,
bigeye tuna, albacore tuna, and bonito. Atlantic bonito means the fish
species Sarda chiliensis or Sarda sarda.
It was not the intention of NMFS to extend permit requirements to
recreational vessels fishing solely for bonito and no other Atlantic
tunas. The final rule inadvertently included Atlantic bonito in the
list of species for which a recreational vessel permit is required (50
CFR 285.53(d)). This correcting amendment revises the final regulations
by removing Atlantic bonito from that list. Removal will not compromise
the collection of fishery information required by ICCAT.
This correction does not affect the requirement for vessel permits
for operators engaging in the sale of Atlantic tunas (including bonito)
nor the requirement for dealer permits for the purchase of Atlantic
tunas. Commercial vessel owners taking Atlantic tunas, including
charter/headboat operators, and Atlantic tuna dealers must obtain
permits by November 15, 1995. Recreational vessels taking any Atlantic
tuna other than bonito must obtain permits by January 1, 1996. Permit
applications and reporting forms are available from NMFS, Northeast
Regional Office, 1 Blackburn Drive, Gloucester, MA 01930-3799.
Classification
Because this amendment only corrects an error to make an existing
set of regulations for which full prior notice and opportunity for
comment have been given consistent with the regulatory intent, under 5
U.S.C. 553(b)(B), it is unnecessary to provide prior notice and
opportunity for comment.
This amendment imposes no new requirements on anyone subject to
these regulations, and removes or relieves an unintended restriction.
Accordingly, under 5 U.S.C. 553(d), the correction is being made
effective immediately.
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: November 13, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 285 is
corrected by making the following correcting 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. 285.53 paragraph (d) is revised to read as follows:
Sec. 285.53 Vessel permits.
* * * * *
(d) Recreational vessel permits. Effective January 1, 1996, owners
or operators of private recreational vessels are required to obtain
vessel permits in order to fish for, catch, retain, or land Atlantic
yellowfin, bigeye, albacore, and skipjack tunas. Anglers aboard private
recreational vessels must adhere to applicable daily catch limits.
Atlantic tunas taken on board private recreational vessels may not be
sold.
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[FR Doc. 95-28362 Filed 11-16-95; 8:45 am]
BILLING CODE 3510-22-F
