[Federal Register Volume 62, Number 97 (Tuesday, May 20, 1997)]
[Rules and Regulations]
[Pages 27518-27519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13139]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 285

[Docket No. 960816226-7115-02; I.D. 050797B]
RIN 0648-AJ04


Atlantic Tuna Fisheries; Regulatory Adjustments

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Interim final rule.

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SUMMARY: NMFS amends the regulations governing the Atlantic bluefin 
tuna fisheries to suspend for 1997 only, the deadline for Atlantic 
Tunas permit category changes. This regulatory amendment is necessary 
to provide vessel owners the opportunity to consider category changes 
after the effective date of a final rule currently under review by 
NMFS. Because comments were received on the proposed rule that 
indicated that the rule could affect the allowable operations of 
several fishing categories, it is not possible for vessel owners to 
make final choices prior to the previously established deadline of May 
15.

DATES: The interim final rule is effective May 15, 1997.

ADDRESSES: Rebecca Lent, Chief, Highly Migratory Species Management 
Division, Office of Sustainable Fisheries (F/SF1), NMFS, 1315 East-West 
Highway, Silver Spring, MD 20910-3282.

FOR FURTHER INFORMATION CONTACT: John Kelly, 301-713-2347.

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 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).
    This interim final rule responds to certain comments received in 
response to a proposed rulemaking (62 FR 9726, March 4, 1997) and 
proposed quota specifications (62 FR 19296, April 21, 1997). Background 
information about the need for revisions to Atlantic tunas fishery 
regulations was provided in the proposed rule and specifications and is 
not repeated here. Certain aspects of the proposed rule, if 
implemented, would affect catch limits and gear restrictions in several 
permit categories. Also, final category quotas will affect fishing 
opportunities available to each category. NMFS received comment that 
because current regulations require a vessel owner to obtain a permit 
in the appropriate gear category and allow changes to permit categories 
only prior to May 15 each calendar year, it would be impossible to make 
a rational choice of permit category in 1997 until a final rule and 
final quotas are issued.
    This interim final rule suspends indefinitely the deadline to 
change Atlantic tunas permit categories for calendar year 1997. This 
regulatory change will allow vessel owners to weigh any impacts of the 
final rule, when issued, on the operations and restrictions for each 
permit category. By allowing vessel owners to choose the most 
appropriate category, this measure will further the domestic management 
objectives for the Atlantic tuna fisheries.
    NMFS is undertaking this action as an interim final rule because of 
the immediate need to postpone the deadline. This interim action will 
be superseded when a deadline for 1997 is specified in a final rule to 
be published at a later date.
    Under NOAA Administrative Order 205-11, 7.01, dated December 17, 
1990,

[[Page 27519]]

the Under Secretary for Oceans and Atmosphere has delegated authority 
to sign material for publication in the Federal Register to the AA.

Classification

    This interim 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 Office of Management and Budget (OMB) 
Control Number.
    This rule involves a collection of information requirement subject 
to the PRA and approved by OMB under Control Number 0648-0327.
    This interim 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(b)(B), there is good 
cause to waive the requirement for prior notice and an opportunity for 
public comment on this rule as such procedures would be contrary to the 
public interest. NMFS has underway rulemakings on this, and other, tuna 
fishery management issues. Specifically, NMFS published a proposed rule 
on March 4, 1997 seeking public comment on a variety of tuna issues. 
Additionally, NMFS published proposed quota specifications on April 21, 
1997 seeking public comment on fishing category allocations. However, 
while the process for these actions remains ongoing, NMFS has received 
comment that a postponement for 1997 in the deadline to choose a permit 
category is necessary to allow the public an opportunity to assess the 
impacts of the pending final rules. As such, given the public interest 
in affording vessel owners to make a reasoned decision as to fishing 
category and the fact that NMFS has already received public comment on 
the subject matter of this rule, further delay in the implementation of 
this action to provide an opportunity for additional comment is 
contrary to the public interest.
    Further, under 5 U.S.C. 553(d)(1), because this rule relieves a 
restriction, it is not subject to a 30-day delay in effective date. 
NMFS has the ability to rapidly communicate the extension of the 
deadline to fishery participants through its FAX network and HMS 
Information Line.

List of Subjects in 50 CFR Part 285

    Fisheries, Fishing, Penalties, Reporting and recordkeeping 
requirements, Treaties.

    Dated: May 14, 1997.
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 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 added 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 a maximum of once 
per calendar year 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. 97-13139 Filed 5-15-97; 9:41 am]
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