95-6450. Summer Flounder Fishery; Court-Ordered Regulation Change

[Federal Register Volume 60, Number 51 (Thursday, March 16, 1995)]
[Rules and Regulations]
[Pages 14229-14230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6450]



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[[Page 14230]]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 625

[Docket No. 950306067-5067-01; I.D. 021795D]
RIN 0648-AH96


Summer Flounder Fishery; Court-Ordered Regulation Change

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS announces a change in the regulations implementing the 
Fishery Management Plan for the Summer Flounder Fishery (FMP). This 
action is taken to comply with a Consent Order issued by the U.S. 
District Court for the Eastern District of Virginia directing NMFS to 
revise specified regulatory language.

EFFECTIVE DATE: March 15, 1995.

FOR FURTHER INFORMATION CONTACT: Hannah Goodale, 508-281-9101.

SUPPLEMENTARY INFORMATION: Regulations implementing the Summer Flounder 
Fishery Management Plan are found at 50 CFR part 625. In a Consent 
Order dated December 19, 1994, the United States District Court for the 
Eastern District of Virginia, ordered NMFS to delete the lanaguage in 
Sec. 625.4(a)(3) that requires Federal permit holders, when faced with 
differing state and Federal regulations, to abide by the most 
restrictive requirement. The new language allows only state 
requirements that are consistent with Federal management measures to 
remain in effect.

Classification

    This final rule has been determined to be not significant for the 
purpose of E.O. 12866.
    This final rule is exempt from the procedures of the Regulatory 
Flexibility Act because it is not required to be issued with prior 
notice and opportunity for public comment.
    Because the language of this rule is required by a judicial order, 
providing prior notice and opportunity for public comment would serve 
no useful purpose and is therefore unnecessary. Accordingly the 
Assistant Administrator for Fisheries, NOAA finds good cause under 5 
U.S.C. 553(b)(B) to waive the requirement to provide prior notice and 
opportunity for public comment. Likewise, providing a 30-day delay in 
effective date would be inconsistent with the intent of the judicial 
order and could act to delay relieving restrictions on the fishery.

List of Subjects in 50 CFR part 625

    Fisheries, Reporting and recordkeeping requirements.

    Dated: March 10, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 625 is amended 
as follows:

PART 625--SUMMER FLOUNDER FISHERY

    1. The authority citation for part 625 continues to read as 
follows:

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

    2. Section 625.4 is amended by revising paragraph (a)(3) to read as 
follows:


Sec. 625.4  Vessel permits.

    (a) * * *
    (3) Condition. Vessel owners who apply for a fishing vessel permit 
under this section must agree as a condition of the permit that the 
vessel's fishing, catch and pertinent gear (without regard to whether 
such fishing occurs in the EEZ or landward of the EEZ, and without 
regard to where such fish or gear are possessed, taken or landed) will 
be subject to all requirements of this part. State requirements 
consistent with Federal management measures shall remain in effect. 
Owners and operators of vessels fishing under the terms of a moratorium 
permit issued pursuant to paragraph (b) of this section must also 
agree, as a condition of the permit, not to land summer flounder in any 
state that the Regional Director has determined no longer has 
commercial quota available.
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[FR Doc. 95-6450 Filed 3-15-95; 8:45 am]
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