[Federal Register Volume 62, Number 98 (Wednesday, May 21, 1997)]
[Rules and Regulations]
[Pages 27703-27704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13158]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 678

[Docket No. 961211348-7106-04; I.D. 041897C]
RIN 0648-AH77


Atlantic Shark Fisheries; Quotas, Bag Limits, Prohibitions, and 
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 is amending the final regulations governing the Atlantic 
shark fisheries by combining the recreational bag limits under one 
paragraph and

[[Page 27704]]

reinserting a paragraph that was inadvertently deleted by a recently 
published final rule, which prohibits a person to whom Federal bag 
limits apply from combining Federal and state bag or possession limits. 
When issuing the final regulations, it was not the intent of NMFS to 
eliminate the prohibition on combining Federal and state bag or 
possession limits.

DATES: Effective May 21, 1997.

FOR FURTHER INFORMATION CONTACT: C. Michael Bailey, John D. Kelly, or 
Margo B. Schulze, 301-713-2347, FAX: 301-713-1917.

SUPPLEMENTARY INFORMATION: On April 7, 1997, NMFS published a final 
rule (62 FR 16648) that modified commercial quotas and recreational bag 
limits. The final rule inadvertently eliminated the prohibition on 
combining Federal and state bag and possession limits. This amendment 
revises the final regulations by reinserting the previously existing 
prohibition on combining Federal and state bag or possession limits as 
50 CFR 678.23(c). To accommodate this amendment, 50 CFR 678.23(b) and 
(c), as added by the April 7, 1997, final rule, are redesignated as 50 
CFR 678.23(b)(1) and (2).

Classification

    The Assistant Administrator (AA), NMFS finds good cause, under 5 
U.S.C. 553(b)(B), to waive the requirement to provide prior notice and 
opportunity for public comment as such procedures are unnecessary. This 
rule merely reinserts previously existing language that was 
inadvertently omitted.
    The unintentional removal of this prohibition could result in 
higher mortality on the overfished large coastal sharks than allowed 
under the final regulations. Accordingly, under 5 U.S.C. 553(d)(3), 
there is good cause to waive the 30 day delay in effective date. 
However, in order to provide notice, NMFS will delay the effective date 
of this rule for 5 days.
    This rule is exempt from review under E.O. 12866.

List of Subjects in 50 CFR Part 678

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: May 14, 1997.
Charles Karnella,
Acting Assistant Administrator, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 678 is amended 
as follows:

PART 678--ATLANTIC SHARK

    1. The authority citation for part 678 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    2. In Sec. 678.23, paragraphs (b) and (c) are redesignated as 
paragraphs (b)(1) and (2), the heading and introductory text to 
paragraph (b) and a new paragraph (c) is added to read as follows:


Sec. 678.23  Bag limits.

* * * * *
    (b) Bag limits. Bag limits are as follows:
* * * * *
    (c) Combination of bag limits. A person to whom the bag limits 
apply may not combine a bag limit specified in paragraph (b) of this 
section with a bag or possession limit applicable to state waters.
* * * * *
[FR Doc. 97-13158 Filed 5-16-97; 1:32 pm]
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