[Federal Register Volume 66, Number 29 (Monday, February 12, 2001)]
[Rules and Regulations]
[Page 9778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3547]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

 50 CFR Part 648

[Docket No. 980414095-8240-02; I.D. 121800D]


Fisheries of the Northeastern United States; Dealer Reporting 
Requirements

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

ACTION: Notification of termination of the deferral of Interactive 
Voice Response (IVR) System reporting requirements for Atlantic cod and 
haddock purchases; stay.

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SUMMARY: In accordance with the memorandum of January 20, 2001, from 
the Assistant to the President and Chief of Staff, entitled 
``Regulatory Review Plan,'' published in the Federal Register on 
January 24, 2001, this action temporarily stays for 60 days the 
effectiveness of the notification published in the Federal Register on 
December 29, 2000, that terminated the deferral of the IVR system 
reporting requirements for Atlantic cod and haddock purchases for 
dealers issued Northeast Multispecies permits.

DATES: Effective February 12, 2001, the rule document, Dealer Reporting 
Requirements, published at 65 FR 82944 on December 29, 2000, is stayed 
from January 28, 2001, until April 1, 2001.

FOR FURTHER INFORMATION CONTACT: Kelley McGrath, (978) 281-9307 or 
Gregory Power, (978) 281-9304.

SUPPLEMENTARY INFORMATION: To effectively monitor landings of quota-
managed species on a timely basis, NMFS issued a final rule (63 FR 
52639, October 1, 1998) requiring federally permitted dealers to submit 
a weekly summary of purchases of quota-managed species through the IVR 
system within 3 days of the end of the reporting week. To minimize the 
burden of dealer reporting requirements, the regulations implementing 
the use of an IVR system also include authorization for the Regional 
Administrator, Northeast Region, NMFS (Regional Administrator) to defer 
the IVR reporting requirements for any species if landings are not 
expected to reach levels that would cause the applicable target 
exploitation rate specified in the Fisheries Management Plan for that 
species to be achieved, resulting in specific management changes. In 
order to minimize the burden of dealer reporting requirements, the 
Regional Administrator deferred IVR reporting requirements for Atlantic 
mackerel, butterfish and regulated Northeast Multispecies, which 
included Atlantic cod and haddock in a notification action effective 
November 1, 1998 (63 FR 57931, October 29, 1998). The Regional 
Administrator determined that in order to collect accurate data on a 
real-time basis, she needed to terminate the deferral for Atlantic cod 
and haddock to ensure that the Atlantic cod and haddock species are 
maintained at sustainable levels. Therefore, a notification action was 
published on December 29, 2000 (65 FR 82944), terminating the deferral 
of the IVR system reporting requirements for Atlantic cod and haddock 
purchases. This action is effective on January 28, 2001. However, 
consistent with the guidance contained in the ``Regulatory Review 
Plan,'' NMFS is staying the effectiveness of the IVR system reporting 
requirements deferral through March 31, 2001. Therefore, the deferral 
of the IVR reporting requirements for Atlantic mackerel, butterfish and 
regulated Northeast Multispecies including Atlantic cod and haddock, 
will remain in effect through March 31, 2001. The termination of the 
stay of the IVR system reporting requirements for Atlantic cod and 
haddock purchases is effective April 1, 2001. All other reporting 
requirements as discussed in the December 29, 2000, notification remain 
in effect.

Classification

    This action is authorized by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    To the extent that 5 U.S.C. 553 applies to this action, it is 
exempt from notice and comment because it constitutes a rule of 
procedure under 5 U.S.C. 553(b)(A). Alternatively, NMFS' implementation 
of this rule without opportunity for public comment is based on the 
good cause exceptions in 5 U.S.C. 553(b)(B) and 553(d)(3), in that 
seeking public comment is impracticable, unnecessary and contrary to 
the public interest. Given the imminence of the effective date, seeking 
prior public comment on this temporary stay would have been 
impractical, as well as contrary to the public interest in the orderly 
promulgation and implementation of regulations. Delays in implementing 
the stay while seeking public comment would have led to confusion in 
the fishing industry concerning which reporting requirements would be 
required for dealers during this interim period.

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

    Dated: February 6, 2001.
Bruce Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-3547 Filed 2-9-01; 8:45 am]
BILLING CODE 3510-22-S