[Federal Register Volume 62, Number 123 (Thursday, June 26, 1997)]
[Rules and Regulations]
[Pages 34415-34416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16696]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 285
[Docket No. 960816226-7144-04; I.D. 060597A]
RIN 0648-AJ04
Atlantic Tuna Fisheries; Regulatory Adjustments
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: NMFS is amending the final regulations governing the Atlantic
tunas fisheries by removing a restriction on vessel permit changes that
was inadvertently included in a recently published interim final rule
that postponed the deadline for permit category changes for calendar
year 1997. When issuing the interim final rule, it was not the intent
of NMFS to add a restriction to limit category changes to a maximum of
once per calendar year.
DATES: Effective June 25, 1997.
FOR FURTHER INFORMATION CONTACT: Christopher W. Rogers or John D.
Kelly, 301-713-2347, FAX: 301-713-1917.
SUPPLEMENTARY INFORMATION: On May 20, 1997, NMFS published an interim
final rule (62 FR 27518) that suspended indefinitely the deadline for
Atlantic tunas vessel permit category changes for 1997. The final rule
inadvertently included a restriction to limit such
[[Page 34416]]
permit category changes to a maximum of once per calendar year. This
amendment revises the final regulations by removing the words ``a
maximum of once per calendar year'' in the first sentence of 50 CFR
285.21(b)(7).
Classification
The Assistant Administrator for Fisheries, under 5 U.S.C.
553(b)(B), finds that providing prior notice and opportunity for public
comment on this rule is unnecessary, because the rule merely corrects
an earlier rule by removing an unintended restriction. The
unintentional inclusion of this prohibition could result in adverse
impacts on individual businesses that would not be able to select the
appropriate permit category for their fishing operation. 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 by any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable. 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: June 20, 1997.
C. Karnella,
Acting 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 revised 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 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. 97-16696 Filed 6-25-97; 8:45 am]
BILLING CODE 3510-22-F
