[Federal Register Volume 62, Number 97 (Tuesday, May 20, 1997)]
[Rules and Regulations]
[Pages 27518-27519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13139]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 285
[Docket No. 960816226-7115-02; I.D. 050797B]
RIN 0648-AJ04
Atlantic Tuna Fisheries; Regulatory Adjustments
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim final rule.
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SUMMARY: NMFS amends the regulations governing the Atlantic bluefin
tuna fisheries to suspend for 1997 only, the deadline for Atlantic
Tunas permit category changes. This regulatory amendment is necessary
to provide vessel owners the opportunity to consider category changes
after the effective date of a final rule currently under review by
NMFS. Because comments were received on the proposed rule that
indicated that the rule could affect the allowable operations of
several fishing categories, it is not possible for vessel owners to
make final choices prior to the previously established deadline of May
15.
DATES: The interim final rule is effective May 15, 1997.
ADDRESSES: Rebecca Lent, Chief, Highly Migratory Species Management
Division, Office of Sustainable Fisheries (F/SF1), NMFS, 1315 East-West
Highway, Silver Spring, MD 20910-3282.
FOR FURTHER INFORMATION CONTACT: John Kelly, 301-713-2347.
SUPPLEMENTARY INFORMATION: The Atlantic tuna fisheries are managed
under the authority of the Atlantic Tunas Convention Act (ATCA). ATCA
authorizes the Secretary of Commerce (Secretary) to issue regulations
as may be necessary to carry out the recommendations of the
International Commission for the Conservation of Atlantic Tunas
(ICCAT). The authority to issue regulations to carry out ICCAT
recommendations has been delegated from the Secretary to the Assistant
Administrator for Fisheries, NOAA (AA).
This interim final rule responds to certain comments received in
response to a proposed rulemaking (62 FR 9726, March 4, 1997) and
proposed quota specifications (62 FR 19296, April 21, 1997). Background
information about the need for revisions to Atlantic tunas fishery
regulations was provided in the proposed rule and specifications and is
not repeated here. Certain aspects of the proposed rule, if
implemented, would affect catch limits and gear restrictions in several
permit categories. Also, final category quotas will affect fishing
opportunities available to each category. NMFS received comment that
because current regulations require a vessel owner to obtain a permit
in the appropriate gear category and allow changes to permit categories
only prior to May 15 each calendar year, it would be impossible to make
a rational choice of permit category in 1997 until a final rule and
final quotas are issued.
This interim final rule suspends indefinitely the deadline to
change Atlantic tunas permit categories for calendar year 1997. This
regulatory change will allow vessel owners to weigh any impacts of the
final rule, when issued, on the operations and restrictions for each
permit category. By allowing vessel owners to choose the most
appropriate category, this measure will further the domestic management
objectives for the Atlantic tuna fisheries.
NMFS is undertaking this action as an interim final rule because of
the immediate need to postpone the deadline. This interim action will
be superseded when a deadline for 1997 is specified in a final rule to
be published at a later date.
Under NOAA Administrative Order 205-11, 7.01, dated December 17,
1990,
[[Page 27519]]
the Under Secretary for Oceans and Atmosphere has delegated authority
to sign material for publication in the Federal Register to the AA.
Classification
This interim final rule is published under the authority of the
ATCA, 16 U.S.C. 971 et seq. The AA has determined that these
regulations are necessary to implement the recommendations of ICCAT and
are necessary for management of the Atlantic tuna fisheries.
Notwithstanding any other provision of law, no person is required
to respond to nor shall a person be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the Paperwork Reduction Act (PRA) unless that collection of information
displays a currently valid Office of Management and Budget (OMB)
Control Number.
This rule involves a collection of information requirement subject
to the PRA and approved by OMB under Control Number 0648-0327.
This interim final rule has been determined to be not significant
for purposes of E.O. 12866.
NMFS has determined that, under 5 U.S.C. 553(b)(B), there is good
cause to waive the requirement for prior notice and an opportunity for
public comment on this rule as such procedures would be contrary to the
public interest. NMFS has underway rulemakings on this, and other, tuna
fishery management issues. Specifically, NMFS published a proposed rule
on March 4, 1997 seeking public comment on a variety of tuna issues.
Additionally, NMFS published proposed quota specifications on April 21,
1997 seeking public comment on fishing category allocations. However,
while the process for these actions remains ongoing, NMFS has received
comment that a postponement for 1997 in the deadline to choose a permit
category is necessary to allow the public an opportunity to assess the
impacts of the pending final rules. As such, given the public interest
in affording vessel owners to make a reasoned decision as to fishing
category and the fact that NMFS has already received public comment on
the subject matter of this rule, further delay in the implementation of
this action to provide an opportunity for additional comment is
contrary to the public interest.
Further, under 5 U.S.C. 553(d)(1), because this rule relieves a
restriction, it is not subject to a 30-day delay in effective date.
NMFS has the ability to rapidly communicate the extension of the
deadline to fishery participants through its FAX network and HMS
Information Line.
List of Subjects in 50 CFR Part 285
Fisheries, Fishing, Penalties, Reporting and recordkeeping
requirements, Treaties.
Dated: May 14, 1997.
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 as follows:
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, paragraph (b)(7) is added to read as follows:
Sec. 285.21 Vessel permits.
* * * * *
(b) * * *
(7) Except for purse seine vessels for which a permit has been
issued under this section, an owner may change the category of the
vessel's Atlantic tunas permit to another category a maximum of once
per calendar year by application on the appropriate form to NMFS before
the specified deadline. After the deadline, the vessel's permit
category may not be changed to another category for the remainder of
the calendar year, regardless of any change in the vessel's ownership.
In years after 1997, the deadline for category changes is May 15.
* * * * *
[FR Doc. 97-13139 Filed 5-15-97; 9:41 am]
BILLING CODE 3510-22-F
