[Federal Register Volume 62, Number 123 (Thursday, June 26, 1997)]
[Rules and Regulations]
[Pages 34415-34416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16696]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 285

[Docket No. 960816226-7144-04; I.D. 060597A]
RIN 0648-AJ04


Atlantic Tuna Fisheries; Regulatory Adjustments

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 
tunas fisheries by removing a restriction on vessel permit changes that 
was inadvertently included in a recently published interim final rule 
that postponed the deadline for permit category changes for calendar 
year 1997. When issuing the interim final rule, it was not the intent 
of NMFS to add a restriction to limit category changes to a maximum of 
once per calendar year.

DATES: Effective June 25, 1997.

FOR FURTHER INFORMATION CONTACT: Christopher W. Rogers or John D. 
Kelly, 301-713-2347, FAX: 301-713-1917.

SUPPLEMENTARY INFORMATION: On May 20, 1997, NMFS published an interim 
final rule (62 FR 27518) that suspended indefinitely the deadline for 
Atlantic tunas vessel permit category changes for 1997. The final rule 
inadvertently included a restriction to limit such

[[Page 34416]]

permit category changes to a maximum of once per calendar year. This 
amendment revises the final regulations by removing the words ``a 
maximum of once per calendar year'' in the first sentence of 50 CFR 
285.21(b)(7).

Classification

    The Assistant Administrator for Fisheries, under 5 U.S.C. 
553(b)(B), finds that providing prior notice and opportunity for public 
comment on this rule is unnecessary, because the rule merely corrects 
an earlier rule by removing an unintended restriction. The 
unintentional inclusion of this prohibition could result in adverse 
impacts on individual businesses that would not be able to select the 
appropriate permit category for their fishing operation. Because this 
rule relieves a restriction, under 5 U.S.C. 553(d)(1), it is not 
subject to a 30-day delay in effective date.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or by any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable. 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: June 20, 1997.
C. Karnella,
Acting 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 revised 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 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. 97-16696 Filed 6-25-97; 8:45 am]
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