[Federal Register Volume 63, Number 113 (Friday, June 12, 1998)]
[Rules and Regulations]
[Pages 32143-32144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15725]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 980529141-8141-01; I.D. 052198A]
RIN 0648-AL34
Fisheries of the Northeastern United States; Final Rule for the
Loligo Squid/Butterfish, Scup, Black Sea Bass, and Illex Squid
Fisheries; Moratorium Vessel Permit Eligibility
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues a final rule to amend the regulations implementing
Amendment 5 to the Fishery Management Plan (FMP) for the Atlantic
mackerel, squid, and butterfish fisheries (Amendment 5), and Amendments
8 and 9 to the FMP for the summer flounder, scup, and black sea bass
fisheries (Amendments 8 and 9). The purpose of this final rule is to
comply with the intent of Amendments 5, 8, and 9 regarding the
application restrictions for initial moratorium permits.
DATES: Effective June 9, 1998.
FOR FURTHER INFORMATION CONTACT: Tom Warren, Fishery Management
Specialist, (978) 281-9347.
SUPPLEMENTARY INFORMATION: The final rule that implemented the
commercial vessel moratorium for the Loligo squid/butterfish fishery in
Amendment 5 was published on April 2, 1996 (61 FR 14465). The measures
implementing the Illex squid moratorium were revised and approved in
resubmitted Amendment 5 on May 27, 1997 (62 FR 28638). The final rules
that implemented Amendments 8 and 9 were published on August 23, 1996
(61 FR 43420), and November 15, 1996 (61 FR 58461), respectively and
established moratoria on entry into the scup and black sea bass
fisheries, respectively.
Application restrictions for moratorium vessel permits were
specified for each of these fisheries. The regulations implementing
Amendments 5, 8, and 9 specified that no one may apply for an initial
commercial moratorium permit 12 months after the effective date of the
final rule implementing each amendment. The application deadlines as
specified in the final rule of each amendment are: Loligo squid/
butterfish, May 2, 1997; scup, September 23, 1997; black sea bass,
December 15, 1997; and Illex squid, June 26, 1998.
The intent of the regulations was to provide 12 months of
opportunity for vessel owners to apply for initial moratorium permits.
However, logistical problems developed in coordinating the availability
of the initial application forms with the effective dates of the final
regulations. As a consequence, notification to potential applicants of
the application requirements, including the deadlines, was delayed.
Since forms were not available for vessel owners to apply for a
moratorium fishery, the actual time frame in which they could apply was
truncated. As a result, applicants for the Loligo squid/butterfish
fishery received 8 months to apply; scup applicants received 11 months;
and black sea bass applicants received 8 months. The intent of the
regulations to provide 12 months in which to apply was thus not
fulfilled. By reopening the permit application period for these
fisheries, NMFS is providing additional time for applicants to apply
for initial moratorium permits, as was originally intended.
Since the application periods for these three fisheries have
expired, they must be reopened. Reopening the application periods for
initial moratorium permits for the Loligo squid/butterfish, scup, and
black sea bass fisheries for the period from June 9, 1998, through
August 31, 1998, will result in additional opportunity, though not
continuous, for applicants to apply for an initial moratorium permit.
Therefore, the intent of this rule is to allow a more equitable
opportunity to apply for these moratorium permits.
This final rule also adjusts the deadline for submittal of
applications for the Illex squid moratorium permit so that it coincides
with the August 31, 1998, deadline implemented by this final rule for
Loligo squid/butterfish, scup, and black sea bass. Revising the date of
the application deadline for the Illex squid moratorium permit (August
31, 1998) will result in a uniform deadline and reduce confusion in the
industry.
Classification
Pursuant to authority at 5 U.S.C. 553(b)(B), the Assistant
Administrator, NMFS, finds good cause to waive the requirement to
provide prior notice and opportunity for public comment for this rule
as such procedures are unnecessary and contrary to the public interest.
A proposed rule informing the public of the application limitation for
these fisheries was previously published for the original application
deadlines. An additional comment period is unnecessary and will
protract the permitting process for these fisheries without any
concomitant benefit. The rule operates to relieve an unintended
restriction and to avoid confusion in the industry by providing a
uniform extension of the permit application deadline and the shortest
hiatus in the permitting process. Because this rule relieves a
restriction under 5 U.S.C. 553(d)(1), it is not subject to a 30-day
delay in effective date.
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
[[Page 32144]]
This rule has been determined to be not significant under E.O.
12866.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: June 8, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 648 is amended
as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. Section 648.4 is amended by revising paragraphs (a)(5)(i)(B)(1),
(a)(5)(ii)(B)(1), (a)(6)(i)(B)(1), and (a)(7)(i)(B)(1) to read as
follows:
Sec. 648.4 Vessel and individual commercial permits.
(a) * * *
(5) * * *
(i) * * *
(B) * * *
(1) August 31, 1998; or
* * * * *
(ii) * * *
(B) * * *
(1) August 31, 1998; or
* * * * *
(6) * * *
(i) * * *
(B) * * *
(1) No one may apply for an initial scup moratorium permit after
August 31, 1998.
* * * * *
(7) * * *
(i) * * *
(B) * * *
(1) August 31, 1998; or
* * * * *
[FR Doc. 98-15725 Filed 6-9-98; 3:10 pm]
BILLING CODE 3510-22-F
