95-21779. American Lobster Fishery; Technical Amendment; Clarifies Eligibility Requirements  

  • [Federal Register Volume 60, Number 170 (Friday, September 1, 1995)]
    [Rules and Regulations]
    [Page 45682]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-21779]
    
    
    
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    DEPARTMENT OF COMMERCE
    
    National Oceanic and Atmospheric Administration
    
    50 CFR Part 649
    
    [Docket No. 950824215-5217-02; I.D. 080195B]
    
    
    American Lobster Fishery; Technical Amendment; Clarifies 
    Eligibility 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 issues this final rule to amend the regulations governing 
    the Fishery Management Plan for the American Lobster Fishery (FMP). 
    This rule corrects the eligibility requirements for lobster limited 
    access permits to allow permit applicants who own a vessel that was 
    under written contract for purchase as of March 25, 1991, to qualify 
    for the limited access permit.
    
    EFFECTIVE DATE: August 31, 1995.
    
    FOR FURTHER INFORMATION CONTACT: Paul H. Jones, Fishery Policy Analyst, 
    508-281-9273.
    
    SUPPLEMENTARY INFORMATION: Currently, regulations provide that 
    eligibility for a lobster limited access permit can be established by 
    proof that the permit applicant owned a vessel that was under written 
    agreement for construction or for rerigging for directed American 
    lobster fishing as of March 25, 1991 (60 FR 21994, May 4, 1995). This 
    action makes a correction to these eligibility requirements by allowing 
    vessels owners who entered into a written contract to purchase a vessel 
    for directed American lobster fishing as of March 25, 1991, to qualify 
    for a lobster limited access permit. The New England Fishery Management 
    Council clarified at its June 29, 1995, meeting that this provision of 
    the eligibility requirements for a limited access permit was 
    inadvertently omitted from the regulations implementing Amendment 5 to 
    the Lobster FMP.
    
    Classification
    
        Because this rule only corrects an omission in an existing set of 
    regulations for which full prior notice and opportunity for comment 
    have been given, under 5 U.S.C. 553(b)(B) it is unnecessary to provide 
    additional notice and opportunity for comment.
        This action imposes no new requirements on anyone subject to these 
    regulations, but instead relieves a restriction. Accordingly, under 5 
    U.S.C. 553(d), this action may be made immediately effective.
        This rule is exempt from review under E.O. 12866.
    
    List of Subjects in 50 CFR Part 649
    
        Fisheries.
        Dated: August 25, 1995.
    Gary Matlock,
    Program Management Officer, National Marine Fisheries Service.
        For the reasons set out in the preamble, 50 CFR part 649 is amended 
    as follows:
    
    PART 649--AMERICAN LOBSTER FISHERY
    
        1. The authority citation for part 649 continues to read as 
    follows:
    
        Authority: 16 U.S.C. 1801 et seq.
    
        2. In Sec. 649.4, the first sentence of paragraph (b)(1)(i)(C) is 
    revised to read as follows:
    
    
    Sec. 649.4  Vessel permits.
    
        (b) * * *
        (1) * * *
        (i) * * *
        (C) The vessel was under written agreement for construction or 
    rerigging for directed American lobster fishing, or was under written 
    contract for purchase as of March 25, 1991, and the applicant meets one 
    of the eligibility criteria set forth in paragraph (b)(1)(i)(A) or (B) 
    of this section. * * *
    * * * * *
    [FR Doc. 95-21779 Filed 8-31-95; 8:45 am]
    BILLING CODE 3510-22-F
    
    

Document Information

Effective Date:
8/31/1995
Published:
09/01/1995
Department:
National Oceanic and Atmospheric Administration
Entry Type:
Rule
Action:
Final rule; technical amendment.
Document Number:
95-21779
Dates:
August 31, 1995.
Pages:
45682-45682 (1 pages)
Docket Numbers:
Docket No. 950824215-5217-02, I.D. 080195B
PDF File:
95-21779.pdf
CFR: (1)
50 CFR 649.4