[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