[Federal Register Volume 64, Number 110 (Wednesday, June 9, 1999)]
[Rules and Regulations]
[Pages 30925-30926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14655]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 285

[Docket No. 990513131-9153-02; 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: Final rule.

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SUMMARY: NMFS amends the regulations governing the Atlantic bluefin 
tuna fisheries to establish, for 1999 only, a deadline of 4:00 P.M. on 
June 11 for requesting Atlantic Tunas permit category changes. NMFS had 
previously suspended the normally applicable deadline of May 15 to 
provide vessel owners the opportunity to consider category changes 
after publication of a final rule to implement the Highly Migratory 
Species Fishery Management Plan (HMS FMP) and the final 1999 bluefin 
tuna (BFT) quota specifications and after publication of a proposed 
rule on the use of spotter aircraft since these actions could affect 
the allowable operations of several fishing categories. Now that the 
final rule and quota specifications have been issued and the proposed 
spotter aircraft rule has been published, vessel owners are able to 
make an informed choice of fishing category.

DATES: Effective 4:00 p.m. on June 11, 1999.

ADDRESSES: Requests for copies of the final rule and information on 
obtaining an Atlantic tunas permit 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 such 
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).
    NMFS previously issued an interim final rule to suspend the 
deadline for BFT permit category selection for the 1999 fishing season 
(64 FR 27207, May 19, 1999). The normal deadline for BFT fishing 
category selection of May 15 was suspended in response to comments 
received on a proposed rulemaking to implement the HMS FMP (64 FR 3154, 
January 20, 1999) and proposed BFT quota specifications (64 FR 9298, 
February 25, 1999), particularly with respect to the use of spotter 
aircraft in the commercial BFT categories. Certain aspects of the final 
rule to implement the HMS FMP and final BFT quota specifications, as 
well as any new regulations governing the use of spotter aircraft, 
would, in combination, affect catch limits, gear restrictions, and 
fishing opportunities in several permit categories. NMFS received 
comment that it would be impossible to make a rational choice of permit 
category until final rules and quota specifications are issued.
    NMFS has since issued a final rule to implement the HMS FMP (64 FR 
29090, May 28, 1999) and final BFT quota specifications and effort 
controls (64 FR 29806, June 3, 1999). Additionally, NMFS has published 
a proposed rule to address issues related to the use of spotter 
aircraft in the BFT fisheries (64 FR 29984, June 4, 1999). Given this 
information, vessel owners and operators are able to make an informed 
choice of BFT fishing category for the 1999 fishing year.

Comments and Responses

    NMFS received several comments regarding a permit category deadline 
for 1999. Comments were generally in favor of establishing a deadline 
as early as possible after the start of the General and Harpoon 
category fisheries on June 1. A number of commenters noted that a prior 
suspension of the deadline in the 1997 fishing year resulted in a 
disruption of the fisheries as many vessel operators switched 
categories after the fisheries opened, especially once the Harpoon 
category quota was reached. These commenters noted that NMFS must 
establish the deadline early enough in the 1999 fishing year to avoid 
the problems associated with switching categories after any one 
category quota is reached and that fishing category is closed.
    NMFS notes that the objective of the deadline continues to be to 
prevent vessel operators from fishing in more than one category in a 
single fishing year. NMFS, therefore, agrees that the deadline must be 
established as soon as possible to achieve consistency with the 
objective. Although the proposed spotter plane rule has a comment 
period which extends through June 22, 1999, establishing a deadline 
after that date would substantially increase the likelihood that the 
Harpoon category quota will have reached and the category closed prior 
to the deadline. NMFS agrees that the disruptions in the BFT fisheries 
caused by category switching in 1997 should be avoided to the extent 
possible. Given that the final HMS FMP rule and BFT quota 
specifications have been issued and that the proposed spotter plane 
rule has been published for public review and comment, NMFS has 
determined that sufficient information is available to vessel operators 
to enable a reasoned decision as to what permit category they should 
select for 1999.
    NMFS, therefore, establishes a deadline of 4:00 P.M. on June 11, 
1999, for permit category selection. Given the amount of public comment 
on the deadline during the comment periods associated with the proposed 
HMS FMP regulations and the proposed 1999 BFT quota specifications and 
on the interim final rule that suspended the deadline, NMFS has 
determined that a deadline of June 11 provides sufficient public notice 
while maintaining consistency with fishery management objectives. NMFS 
will rapidly communicate the deadline to fishery participants through 
its FAX network and Atlantic tunas information line.
    Vessel operators wishing to change fishing categories should renew 
permits as soon as possible prior to the deadline by calling NMFS 
Northeast Region at 978-281-9260. After the deadline, vessel operators 
may continue to renew permits in the same category or obtain new 
(first-time) permits through the automated permitting system at 1-888-
USA-TUNA or through the internet at http://www.usatuna.com.
    No requests for changes to Atlantic tunas permit categories will be 
accepted after 4:00 PM on June 11, 1999, and vessel operators who have 
not renewed permits for 1999 will be allowed to renew only in the same 
category as that issued in 1998. Vessel operators who have previously 
renewed permits for the 1999 fishing year will not be afforded any 
additional opportunity to request a

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change of permit category after 4:00 PM on June 11, and such 
restriction will apply for the remainder of the calendar year 
regardless of change in ownership of the vessel.
    Please note that regulations require that Atlantic tunas permits be 
carried on board the vessel and be displayed to dealers purchasing 
tunas. Therefore, changes in permit category are not effective until 
the new permit has been issued and is carried on board the vessel. Upon 
receipt of a new Atlantic tunas permit, any previously-issued Atlantic 
tunas permit is rendered invalid.
    Under NOAA Administrative Order 205-11, 7.01, dated December 17, 
1990, the Under Secretary for Oceans and Atmosphere has delegated to 
the Assistant Administrator for Fisheries, NOAA, the authority to sign 
material for publication in the Federal Register.

Classification

    This 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, 
including the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the data needed , and completing and 
reviewing the collection of information. Send comments regarding this 
burden estimate, or any other aspect of this data collection, including 
suggestions for reducing the burden, to NMFS and OMB (see ADDRESSES).
    This 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(d)(3), there is good 
cause to waive partially the requirement for a 30-day delay in 
effective date as such would be contrary to the public interest. The 
intent of the permit category selection deadline is to ensure that 
vessels are used to fish in only one category during a single fishing 
year. The 1999 BFT fishery is underway and it is possible that the 
quota for the Harpoon fishing category could be filled prior to the end 
of a 30-day delay in effective date. Thus, a 30-day delay would likely 
allow some vessel operators to switch categories after one category has 
been closed. NMFS has received comment that further postponement of the 
deadline in 1999 would adversely impact those fishermen in the 
categories that remain open. As previously stated, NMFS will rapidly 
communicate the deadline to fishery participants through its FAX 
network and HMS Information Line.
    This final rule follows from an interim final rule for which prior 
notice and opportunity for public comment was not required by 5 U.S.C. 
553 or by any other law. Therefore, under 5 U.S.C. 603 it is not 
subject to the analytical requirements of the Regulatory Flexibility 
Act. Accordingly, no regulatory flexibility analysis was prepared.

List of Subjects in 50 CFR Part 285

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

    Dated: June 4, 1999.
Andrew Kemmerer,
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 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 
1999, the deadline for category changes is 4:00 PM on June 11. In years 
after 1999, the deadline for category changes is 11:59 PM on May 15.
* * * * *
[FR Doc. 99-14655 Filed 6-4-99; 4:31 pm]
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