[Federal Register Volume 64, Number 110 (Wednesday, June 9, 1999)]
[Rules and Regulations]
[Pages 30925-30926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14655]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 285
[Docket No. 990513131-9153-02; I.D. 051299B]
RIN 0648-AM69
Atlantic Tuna Fisheries; Regulatory Adjustments
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS amends the regulations governing the Atlantic bluefin
tuna fisheries to establish, for 1999 only, a deadline of 4:00 P.M. on
June 11 for requesting Atlantic Tunas permit category changes. NMFS had
previously suspended the normally applicable deadline of May 15 to
provide vessel owners the opportunity to consider category changes
after publication of a final rule to implement the Highly Migratory
Species Fishery Management Plan (HMS FMP) and the final 1999 bluefin
tuna (BFT) quota specifications and after publication of a proposed
rule on the use of spotter aircraft since these actions could affect
the allowable operations of several fishing categories. Now that the
final rule and quota specifications have been issued and the proposed
spotter aircraft rule has been published, vessel owners are able to
make an informed choice of fishing category.
DATES: Effective 4:00 p.m. on June 11, 1999.
ADDRESSES: Requests for copies of the final rule and information on
obtaining an Atlantic tunas permit should be directed to Rebecca Lent,
Chief, Highly Migratory Species Management Division, Office of
Sustainable Fisheries (F/SF1), NMFS, 1315 East-West Highway, Silver
Spring, MD 20910-3282. Send comments regarding the burden-hour
estimates or other aspects of the collection-of-information requirement
contained in this rule to Rebecca Lent and to the Office of Information
and Regulatory Affairs, Office of Management and Budget (OMB),
Washington, DC 20503 (Attention: NOAA Desk Officer).
FOR FURTHER INFORMATION CONTACT: Mark Murray-Brown, 978-281-9260.
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 such
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).
NMFS previously issued an interim final rule to suspend the
deadline for BFT permit category selection for the 1999 fishing season
(64 FR 27207, May 19, 1999). The normal deadline for BFT fishing
category selection of May 15 was suspended in response to comments
received on a proposed rulemaking to implement the HMS FMP (64 FR 3154,
January 20, 1999) and proposed BFT quota specifications (64 FR 9298,
February 25, 1999), particularly with respect to the use of spotter
aircraft in the commercial BFT categories. Certain aspects of the final
rule to implement the HMS FMP and final BFT quota specifications, as
well as any new regulations governing the use of spotter aircraft,
would, in combination, affect catch limits, gear restrictions, and
fishing opportunities in several permit categories. NMFS received
comment that it would be impossible to make a rational choice of permit
category until final rules and quota specifications are issued.
NMFS has since issued a final rule to implement the HMS FMP (64 FR
29090, May 28, 1999) and final BFT quota specifications and effort
controls (64 FR 29806, June 3, 1999). Additionally, NMFS has published
a proposed rule to address issues related to the use of spotter
aircraft in the BFT fisheries (64 FR 29984, June 4, 1999). Given this
information, vessel owners and operators are able to make an informed
choice of BFT fishing category for the 1999 fishing year.
Comments and Responses
NMFS received several comments regarding a permit category deadline
for 1999. Comments were generally in favor of establishing a deadline
as early as possible after the start of the General and Harpoon
category fisheries on June 1. A number of commenters noted that a prior
suspension of the deadline in the 1997 fishing year resulted in a
disruption of the fisheries as many vessel operators switched
categories after the fisheries opened, especially once the Harpoon
category quota was reached. These commenters noted that NMFS must
establish the deadline early enough in the 1999 fishing year to avoid
the problems associated with switching categories after any one
category quota is reached and that fishing category is closed.
NMFS notes that the objective of the deadline continues to be to
prevent vessel operators from fishing in more than one category in a
single fishing year. NMFS, therefore, agrees that the deadline must be
established as soon as possible to achieve consistency with the
objective. Although the proposed spotter plane rule has a comment
period which extends through June 22, 1999, establishing a deadline
after that date would substantially increase the likelihood that the
Harpoon category quota will have reached and the category closed prior
to the deadline. NMFS agrees that the disruptions in the BFT fisheries
caused by category switching in 1997 should be avoided to the extent
possible. Given that the final HMS FMP rule and BFT quota
specifications have been issued and that the proposed spotter plane
rule has been published for public review and comment, NMFS has
determined that sufficient information is available to vessel operators
to enable a reasoned decision as to what permit category they should
select for 1999.
NMFS, therefore, establishes a deadline of 4:00 P.M. on June 11,
1999, for permit category selection. Given the amount of public comment
on the deadline during the comment periods associated with the proposed
HMS FMP regulations and the proposed 1999 BFT quota specifications and
on the interim final rule that suspended the deadline, NMFS has
determined that a deadline of June 11 provides sufficient public notice
while maintaining consistency with fishery management objectives. NMFS
will rapidly communicate the deadline to fishery participants through
its FAX network and Atlantic tunas information line.
Vessel operators wishing to change fishing categories should renew
permits as soon as possible prior to the deadline by calling NMFS
Northeast Region at 978-281-9260. After the deadline, vessel operators
may continue to renew permits in the same category or obtain new
(first-time) permits through the automated permitting system at 1-888-
USA-TUNA or through the internet at http://www.usatuna.com.
No requests for changes to Atlantic tunas permit categories will be
accepted after 4:00 PM on June 11, 1999, and vessel operators who have
not renewed permits for 1999 will be allowed to renew only in the same
category as that issued in 1998. Vessel operators who have previously
renewed permits for the 1999 fishing year will not be afforded any
additional opportunity to request a
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change of permit category after 4:00 PM on June 11, and such
restriction will apply for the remainder of the calendar year
regardless of change in ownership of the vessel.
Please note that regulations require that Atlantic tunas permits be
carried on board the vessel and be displayed to dealers purchasing
tunas. Therefore, changes in permit category are not effective until
the new permit has been issued and is carried on board the vessel. Upon
receipt of a new Atlantic tunas permit, any previously-issued Atlantic
tunas permit is rendered invalid.
Under NOAA Administrative Order 205-11, 7.01, dated December 17,
1990, the Under Secretary for Oceans and Atmosphere has delegated to
the Assistant Administrator for Fisheries, NOAA, the authority to sign
material for publication in the Federal Register.
Classification
This 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 OMB control number.
This rule involves a collection of information requirement subject
to the PRA and approved by OMB under Control Number 0648-0327. The
burden associated with Atlantic tunas vessel permits is estimated at 30
minutes per initial permit application and 6 minutes per renewal,
including the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed , and completing and
reviewing the collection of information. Send comments regarding this
burden estimate, or any other aspect of this data collection, including
suggestions for reducing the burden, to NMFS and OMB (see ADDRESSES).
This 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(d)(3), there is good
cause to waive partially the requirement for a 30-day delay in
effective date as such would be contrary to the public interest. The
intent of the permit category selection deadline is to ensure that
vessels are used to fish in only one category during a single fishing
year. The 1999 BFT fishery is underway and it is possible that the
quota for the Harpoon fishing category could be filled prior to the end
of a 30-day delay in effective date. Thus, a 30-day delay would likely
allow some vessel operators to switch categories after one category has
been closed. NMFS has received comment that further postponement of the
deadline in 1999 would adversely impact those fishermen in the
categories that remain open. As previously stated, NMFS will rapidly
communicate the deadline to fishery participants through its FAX
network and HMS Information Line.
This final rule follows from an interim final rule for which prior
notice and opportunity for public comment was not required by 5 U.S.C.
553 or by any other law. Therefore, under 5 U.S.C. 603 it is not
subject to the analytical requirements of the Regulatory Flexibility
Act. Accordingly, no regulatory flexibility analysis was prepared.
List of Subjects in 50 CFR Part 285
Fisheries, Fishing, Penalties, Reporting and recordkeeping
requirements, Treaties.
Dated: June 4, 1999.
Andrew Kemmerer,
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 or by dialing 1-888-USA-TUNA 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
1999, the deadline for category changes is 4:00 PM on June 11. In years
after 1999, the deadline for category changes is 11:59 PM on May 15.
* * * * *
[FR Doc. 99-14655 Filed 6-4-99; 4:31 pm]
BILLING CODE 3510-22-F
