[Federal Register Volume 64, Number 96 (Wednesday, May 19, 1999)]
[Rules and Regulations]
[Pages 27207-27208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12581]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 285

[Docket No. 990513131-9131-01; I.D. 051299B]
RIN 0648-AM69


Atlantic Tuna Fisheries; Regulatory Adjustments

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

ACTION: Interim final rule; request for comments.

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SUMMARY: NMFS amends the regulations governing the Atlantic bluefin 
tuna fisheries to suspend, for 1999 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 and final quota specifications 
currently under review by NMFS and a proposed rule on the use of 
spotter aircraft currently in preparation. NMFS received comments in 
conjunction with the proposed rule and quota specifications indicating 
that because the final actions 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 14, 1999. Comments must 
be recieved by June 1, 1999.
ADDRESSES: Comments on the interim final rule should be directed to 
Rebecca Lent, Chief, Highly Migratory Species Management Division, 
Office of Sustainable Fisheries (F/SF1), NMFS, 1315 East-West Highway, 
Silver Spring, MD 20910-3282. Send comments regarding the burden-hour 
estimates or other aspects of the collection-of-information requirement 
contained in this rule to Rebecca Lent and to the Office of Information 
and Regulatory Affairs, Office of Management and Budget (OMB), 
Washington, DC 20503 (Attention: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Mark Murray-Brown, 978-281-9260.

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 
conjunction with comments received on a proposed rulemaking (64 FR 
3154, January 20, 1999) and proposed quota specifications (64 FR 9298, 
February 25, 1999) particularly with respect to the use of spotter 
aircraft in the commercial BFT categories. Background information about 
the need for revisions to Atlantic tunas fishery regulations was 
provided in the proposed rule and specifications as well as the Highly 
Migratory Species Fishery Management Plan and is not repeated here. 
Certain aspects of the final rule to implement the Fishery

[[Page 27208]]

Management Plan for Highly Migratory Species, currently under review 
would affect catch limits and gear restrictions in several permit 
categories. Also, final category quotas will affect fishing 
opportunities available to each category. Additionally, NMFS plans to 
issue a proposed rule regarding the use of spotter aircraft in the 
bluefin tuna fishery with the intent to have final action effective for 
the 1999 fishing year. 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 1999 until final rules and quota 
specifications are issued.
    This interim final rule suspends indefinitely the deadline to 
change Atlantic tunas permit categories for calendar year 1999. This 
regulatory change will allow vessel owners to weigh any impacts of the 
final rules, 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 1999 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, the Under Secretary for Oceans and Atmosphere has delegated 
authority to sign material for publication in the Federal Register to 
the Assistant Administrator for Fisheries, NOAA (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 OMB control number.
    This rule involves a collection of information requirement subject 
to the PRA and approved by OMB under control number 0648-0327. The 
burden associated with Atlantic tunas vessel permits is estimated at 30 
minutes per initial permit application and 6 minutes per renewal.
    Public comment is sought regarding whether this collection-of-
information is necessary for the proper performance of the functions of 
the agency, including whether the information has practical utility; 
the accuracy of the burden estimates; ways to enhance the quality, 
utility, and clarity of the information to be collected; and ways to 
minimize the burden of the collection of information, including the use 
of automated collection techniques or other forms of information 
technology. Send comments on these or any other aspects of the 
collection of information to NMFS, Highly Migratory Species Management 
Division and OMB (see ADDRESSES).
     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 January 20, 1999, seeking public comment on a variety of tuna 
issues. Additionally, NMFS published proposed quota specifications on 
February 25, 1999, seeking public comment on fishing category 
allocations. However, while the process for these actions remains 
ongoing, NMFS has received comment that a postponement for 1999 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 and 
specifications. 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.
    This interim final rule is exempt from the Regulatory Flexibility 
Act because it was not subject to prior notice and opportunity for 
public comment.

List of Subjects in 50 CFR Part 285

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

    Dated: May 13, 1999.
Penelope D. Dalton,
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 or by dialing 1-888-USA-TUNA 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 1999, the deadline for category changes is May 15.
* * * * *
[FR Doc. 99-12581 Filed 5-14-99; 1:33 pm]
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