[Federal Register Volume 62, Number 2 (Friday, January 3, 1997)]
[Rules and Regulations]
[Pages 331-332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33391]


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National Oceanic and Atmospheric Administration

50 CFR Part 285
[Docket No. 961209344-6344-01; I.D. 102596D]
RIN 0648-AI29


Atlantic Tuna Fisheries; Permit 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 amends the final regulations governing the Atlantic tunas 
fisheries by removing references to the Regional Director for the 
purposes of applying for and issuing tuna permits. These changes are 
necessary to allow the Atlantic tunas permit program to be managed by 
contract.

EFFECTIVE DATE: December 30, 1996. See SUPPLEMENTARY INFORMATION for 
the permit conversion schedule.

FOR FURTHER INFORMATION CONTACT: Chris Rogers, 301-713-2347.

SUPPLEMENTARY INFORMATION: The Atlantic tuna fisheries are managed 
under the authority of the Atlantic Tunas Convention Act (ATCA). The 
ATCA authorizes the Secretary of Commerce (Secretary) to implement 
regulations as necessary to carry out the recommendations of the 
International Commission for the Conservation of Atlantic Tunas 
(ICCAT). The authority to implement ICCAT recommendations has been 
delegated from the Secretary to the Assistant Administrator for 
Fisheries, NOAA.
    ICCAT requires contracting parties to report annual fishing effort 
and catch statistics for species under international management. To 
implement the ICCAT data collection program, NMFS has established 
vessel permitting requirements for Atlantic tuna fisheries (60 FR 
38505, July 27, 1995). Due to the volume of permits issued, NMFS has 
determined that the Atlantic tunas permit program can be more 
efficiently managed under contract.
    This final rule amends tuna regulations by removing references to 
the Regional Director for the purposes of applying for and issuing tuna 
permits. These changes are necessary to allow the Atlantic tunas permit 
program to be managed by contract. This amendment does not affect any 
other requirements for vessel permits. However, all existing Atlantic 
tunas permits must be reissued under the new system in order to remain 
valid and a fee of $18.00 will be assessed to recover administrative 
costs of the contract.
    Atlantic tunas permits which expired in 1996, regardless of whether 
or not renewed, must be reissued under the new system to remain valid 
beginning January 1, 1997. In addition, all new permit applications and 
requests for category changes must be made under the new system 
beginning January 1, 1997. In a proposed rule to be published soon, 
NMFS will propose that permits expiring on or after January 1, 1997 
must be renewed under the new system by March 31, 1997. NMFS will 
inform vessel owners of procedures to access the new permitting system 
in letters to individual permit holders and in notices broadcast over 
the Highly Migratory Species FAX network.

Classification

    Because this amendment only revises agency procedure or practice, 
under 5 U.S.C. 553(b)(A) prior notice and opportunity for comment are 
not required. Because this rule is not substantive, under 5 U.S.C. 
553(d), it is

[[Page 332]]

not subject to a 30-day delay in effectiveness.
    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: December 27, 1996.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 285 is amended 
by making the following technical amendment:

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 paragraphs (b)(1), (c), (d), (e), (g) and (l) are 
revised to read as follows:


Sec. 285.21  Vessel permits.

* * * * *
    (b) Categories of permits. (1) Upon submission of a complete and 
valid application pursuant to paragraph (c) of this section, the owner 
of each qualifying vessel may be issued a permit by NMFS for one of the 
following permit categories: General, Charter/Headboat, Angling, 
Harpoon Boat, Purse Seine, or Incidental Catch. A permit will not be 
issued for more than one category.
* * * * *
    (c) Application procedure. Permits issued under this section must 
be renewed upon expiration. A vessel owner applying for an initial 
Atlantic tuna permit, or transfer, under this section must submit a 
completed permit application signed by the owner or agent on a form 
approved by the Assistant Administrator. The application must be 
submitted as indicated in the instructions on the form at least 30 days 
before the date on which the applicant desires to have the permit made 
effective. To be deemed complete, an application must include all the 
information required on the form and must contain copies of required 
documents as indicated in the instructions on the form. The application 
must include the name, address and telephone number of the vessel 
owner(s) (for each owner that owns more than a 25 percent interest in 
the vessel); the name of the vessel; the port where the vessel is 
docked; the official U.S. Coast Guard documentation or state 
registration number; the gross tonnage, if known; the length of the 
vessel; the engine horsepower; the year the vessel was built; the type 
of vessel construction; the type of vessel propulsion; the vessel's 
fish hold capacity; the type(s) of fishing gear used; the normal crew 
size; number of party or charter passengers licensed to carry (if 
applicable); and the category of the permit. In addition, applicants 
must submit a copy of the official state registration or U.S. Coast 
Guard documentation, party/charter boat license, and, if a boat is 
owned by a corporation or partnership, the corporate or partnership 
documents (copy of Certificate of Incorporation and Articles of 
Association or Incorporation, including the names and addresses of all 
shareholders owning 25 percent or more of the corporation's shares). 
Except for purse seine vessels, an owner may change the category of the 
vessel's permit by application on the appropriate form to the Assistant 
Administrator before May 15. After May 15, the vessel's permit category 
may not be changed for the remainder of the calendar year, regardless 
of any change in the vessel's ownership, unless there is sufficient 
evidence for the Assistant Administrator to determine that an error 
involving contradictory information was made on the application.
    (d) Issuance. (1) Except as provided in subpart D of 15 CFR part 
904, a permit shall be issued within 30 days of receipt of a complete 
and valid application.
    (2) The applicant will be notified of any deficiency in the 
application. If the applicant fails to correct the deficiency within 15 
days following the date of notification, the application will be 
considered abandoned.
    (e) Duration. A permit issued under this section remains valid 
until it is suspended or revoked, or it expires. A permit issued under 
this section expires when the name of the owner or vessel changes, or 
upon the renewal date specified on the permit.
* * * * *
    (g) Replacement. Replacement permits will be issued when requested 
in writing by the owner or authorized representative, stating the need 
for replacement, the name of the vessel, and the fishing permit number 
assigned. A request for a replacement permit will not be considered a 
new application. An appropriate fee, consistent with paragraph (k) of 
this section, may be charged for issuance of the replacement permit.
* * * * *
    (l) Change in application information. Within 15 days after any 
change in the information contained in an application submitted under 
this section, the vessel owner must report the change in writing. In 
such case, a new permit will be issued to incorporate the new 
information. For certain informational changes, NMFS may require 
supporting documentation before a new permit will be issued. The permit 
is void if any change in the information is not reported within 15 
days.
* * * * *
    3. In Sec. 285.53 paragraphs (a) through (c), and the first 
sentence in (d) are revised to read as follows:


Sec. 285.53  Vessel permits.

    (a) Permit requirements. The operator of each vessel that fishes 
for, or takes, Atlantic yellowfin, bigeye, albacore, and skipjack tunas 
and Atlantic bonito must have on board a valid permit issued under this 
section.
    (b) Commercial vessel permits. As a prerequisite to selling 
Atlantic yellowfin, bigeye, albacore, and skipjack tunas and Atlantic 
bonito and to be eligible for exemption from applicable bag limits, if 
any, specified in this subpart, an owner or operator of a vessel that 
fishes for or takes Atlantic yellowfin, bigeye, albacore, and skipjack 
tunas and Atlantic bonito must be issued a vessel permit in the 
commercial category appropriate for the gear type or method of fishing.
    (c) Charter/Headboat vessel permits. Owners or operators of charter 
vessels and headboats must be issued a charter/headboat vessel permit 
to lawfully fish for, catch, retain or land Atlantic yellowfin, bigeye, 
albacore, and skipjack tunas and Atlantic bonito. Anglers on board 
charter vessels and headboats must adhere to applicable catch limits 
for the recreational fisheries.
    (d) Recreational vessel permits. Owners or operators of private 
recreational vessels must be issued vessel permits in order to fish 
for, catch, retain, or land Atlantic yellowfin, bigeye, albacore, and 
skipjack tunas. * * *
* * * * *
[FR Doc. 96-33391 Filed 12-30-96; 2:50 pm]
BILLING CODE 3510-22-F