[Federal Register Volume 62, Number 98 (Wednesday, May 21, 1997)]
[Rules and Regulations]
[Pages 27703-27704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13158]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 678
[Docket No. 961211348-7106-04; I.D. 041897C]
RIN 0648-AH77
Atlantic Shark Fisheries; Quotas, Bag Limits, Prohibitions, and
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 is amending the final regulations governing the Atlantic
shark fisheries by combining the recreational bag limits under one
paragraph and
[[Page 27704]]
reinserting a paragraph that was inadvertently deleted by a recently
published final rule, which prohibits a person to whom Federal bag
limits apply from combining Federal and state bag or possession limits.
When issuing the final regulations, it was not the intent of NMFS to
eliminate the prohibition on combining Federal and state bag or
possession limits.
DATES: Effective May 21, 1997.
FOR FURTHER INFORMATION CONTACT: C. Michael Bailey, John D. Kelly, or
Margo B. Schulze, 301-713-2347, FAX: 301-713-1917.
SUPPLEMENTARY INFORMATION: On April 7, 1997, NMFS published a final
rule (62 FR 16648) that modified commercial quotas and recreational bag
limits. The final rule inadvertently eliminated the prohibition on
combining Federal and state bag and possession limits. This amendment
revises the final regulations by reinserting the previously existing
prohibition on combining Federal and state bag or possession limits as
50 CFR 678.23(c). To accommodate this amendment, 50 CFR 678.23(b) and
(c), as added by the April 7, 1997, final rule, are redesignated as 50
CFR 678.23(b)(1) and (2).
Classification
The Assistant Administrator (AA), NMFS finds good cause, under 5
U.S.C. 553(b)(B), to waive the requirement to provide prior notice and
opportunity for public comment as such procedures are unnecessary. This
rule merely reinserts previously existing language that was
inadvertently omitted.
The unintentional removal of this prohibition could result in
higher mortality on the overfished large coastal sharks than allowed
under the final regulations. Accordingly, under 5 U.S.C. 553(d)(3),
there is good cause to waive the 30 day delay in effective date.
However, in order to provide notice, NMFS will delay the effective date
of this rule for 5 days.
This rule is exempt from review under E.O. 12866.
List of Subjects in 50 CFR Part 678
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: May 14, 1997.
Charles Karnella,
Acting Assistant Administrator, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 678 is amended
as follows:
PART 678--ATLANTIC SHARK
1. The authority citation for part 678 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 678.23, paragraphs (b) and (c) are redesignated as
paragraphs (b)(1) and (2), the heading and introductory text to
paragraph (b) and a new paragraph (c) is added to read as follows:
Sec. 678.23 Bag limits.
* * * * *
(b) Bag limits. Bag limits are as follows:
* * * * *
(c) Combination of bag limits. A person to whom the bag limits
apply may not combine a bag limit specified in paragraph (b) of this
section with a bag or possession limit applicable to state waters.
* * * * *
[FR Doc. 97-13158 Filed 5-16-97; 1:32 pm]
BILLING CODE 3510-22-F
