[Federal Register Volume 66, Number 105 (Thursday, May 31, 2001)]
[Rules and Regulations]
[Pages 29510-29511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13662]



[[Page 29510]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 010523137-1137-01; I.D. 051501C]
RIN 0648-AP29


Atlantic Tuna Fisheries; Regulatory Adjustments

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

ACTION:  Temporary rule.

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SUMMARY:  NMFS temporarily amends the regulations governing the 
Atlantic bluefin tuna (BFT) fisheries to establish, for 2001 only, a 
deadline of 11:59 p.m. on May 31 for requesting Atlantic Tunas permit 
category changes. This regulatory amendment is necessary to provide 
vessel owners the opportunity to change their permit categories once 
the automated Atlantic highly migratory species (HMS) permit system is 
activated for the 2001 fishing year. NMFS received comments in 
conjunction with the 2001 proposed initial quota specifications and 
general category effort controls indicating that, due to technical 
difficulties and subsequent delay in activation of the 2001 permitting 
system, vessel owners were not provided an adequate opportunity to 
obtain their permits and/or change their permit categories prior to the 
previously established deadline of May 15.

DATES:  Effective May 25, 2001, through May 31, 2001.

ADDRESSES: Requests for copies of the temporary rule and information on 
obtaining an Atlantic HMS permit should be directed to Christopher 
Rogers, Acting 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 temporary rule to Christopher Rogers 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:  Brad McHale, 978-281-9260.

SUPPLEMENTARY INFORMATION:  The Atlantic tunas fisheries are managed 
under the dual authority of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) and the Atlantic Tunas 
Convention Act (ATCA). ATCA authorizes the Secretary of Commerce 
(Secretary) to implement binding recommendations of the International 
Commission for the Conservation of Atlantic Tunas (ICCAT). The 
authority to issue regulations under the Magnuson-Stevens Act and ATCA 
has been delegated from the Secretary to the Assistant Administrator 
for Fisheries, NOAA (AA).

Background

    This temporary rule responds to certain comments on Atlantic HMS 
permits received in conjunction with comments received on the 2001 
proposed initial quota specifications and general category effort 
controls (66 FR 17520, April 2, 2001). The comments on permits 
addressed timely activation of the automated Atlantic tunas and HMS 
Charter/Headboat vessel permit system and the May 15 deadline and 
permit category selection. NMFS has contracted the Atlantic tunas and 
HMS Charter/Headboat vessel permitting system to a private company, 
and, due to technical difficulties, there has been a delay in issuing 
2001 vessel permits. In previous years vessel owners have been able to 
apply for new, or renew existing, permits well in advance of the May 15 
permit category change deadline and prior to the start of the fishing 
year on June 1. The May 15 permit category change deadline is intended 
to prevent vessel operators from fishing in more than one category in a 
single fishing year.
     Vessel owners have commented that, due to the delay in activation 
of the permit system, they have not had enough time before the permit 
category change deadline. This temporary rule extends the deadline to 
change permit categories to May 31 for 2001 only. For 2002, and beyond, 
the deadline reverts to May 15. This regulatory change allows vessel 
owners an additional 2 weeks to change permit categories prior to the 
beginning of the 2001 fishing season. By allowing vessel owners to 
choose the most appropriate category, before the start of the fishing 
year, this measure will further the domestic management objectives for 
the Atlantic tuna fisheries and maintain the objective of preventing 
vessel operators from fishing in more than one category in a single 
fishing year.
    NMFS is undertaking this action as a temporary rule without prior 
notice and an opportunity for public comment because of the immediate 
need to extend the deadline. Vessel operators wishing to change fishing 
categories should renew permits as soon as possible prior to the 
revised deadline of May 31, through the automated permitting system at 
1-888-872-8862 or through the internet at http://www.nmfspermits.com. 
No requests for changes to Atlantic tunas permit categories will be 
accepted after 11:59 p.m. on May 31, 2001. After the deadline, vessel 
operators who have not renewed permits for 2001 will be allowed to 
renew only in the same category as that issued in 2000.
    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.

Classification

    This temporary rule is published under the authority of the 
Magnuson-Stevens Act, 16 U.S.C. 1801 et seq., and ATCA, 16 U.S.C. 971 
et seq. The AA has determined that the regulations contained in this 
temporary rule are consistent with the HMS Fishery Management Plan, the 
Magnuson-Stevens Act, and the 1998 ICCAT recommendation (ICCAT 
Rebuilding Program).
    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 temporary rule restates, without change, 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 temporary rule has been determined to be not significant for 
purposes of Executive Order 12866.

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    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 temporary rule as such procedures would be 
impracticable and contrary to the public interest. Given the public 
interest in affording vessel owners adequate time to make necessary 
permit category changes, further delay in the implementation of this 
action to provide an opportunity for public comment would be 
impracticable and contrary to the public interest.
    Because this temporary rule relieves a restriction, under 5 U.S.C. 
553(d)(1) it is not subject to a 30-day delay in effective date. NMFS 
has the ability to rapidly communicate the new deadline to fishery 
participants through its FAX network and HMS Information Line.
    Because prior notice and opportunity for public comment for this 
temporary rule is not required under 5 U.S.C. 553 or by any other law, 
it is not subject to the analytical requirements of the Regulatory 
Flexibility Act. Accordingly, a Regulatory Flexibility Analysis has not 
been was not prepared.

List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Fishing vessels, Foreign relations, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements, Statistics, Treaties.

    Dated: May 25, 2001.
Rolland A. Schmitten,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 635 is amended 
as follows:

PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES

    1. The authority citation for part 635 continues to read as 
follows:

    Authority:  16 U.S.C. 971 et seq. and 16 U.S.C. 1801 et seq.

    2. In Sec. 635.4, paragraph (d)(3) is suspended and a new paragraph 
(d)(6) is added to read as follows:


Sec. 635.4   Permits and fees.

* * * * *
    (d) * * *
    (6) 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 or HMS Charter/Headboat permit to another 
category through the automated call-in permitting system at 888-872-
8862 or through the internet at http://www.usatuna.com before the 
specified deadline. A vessel owner may change the category of the 
vessel's permit no more than once each year and only from January 1 
through the deadline. After the deadline through December 31, the 
vessel's permit category may not be changed, regardless of a change in 
the vessel's ownership. In 2001, the deadline for category changes is 
11:59 p.m. on May 31. In years after 2001, the deadline for category 
changes is 11:59 p.m. on May 15.
[FR Doc. 01-13662 Filed 5-25-01; 3:46 pm]
BILLING CODE 3510-22-S