[Federal Register Volume 68, Number 113 (Thursday, June 12, 2003)]
[Rules and Regulations]
[Page 35185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14863]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 020325070-3146-04; I.D. 071299C]
RIN 0648-AM91


Atlantic Highly Migratory Species (HMS); Fishing Vessel Permits; 
Charter Boat Operations; Temporary Rule

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

ACTION:  Final rule; temporary rule.

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SUMMARY: This rule provides a limited time during which Atlantic Tunas 
General category permit holders may change to the new Atlantic HMS 
Angling category. This one-time allowance is meant to alleviate 
confusion resulting from the establishment of this new permit category.

DATES: Effective June 9, 2003, through July 9, 2003. All permit changes 
must be made by July 9, 2003.

FOR FURTHER INFORMATION CONTACT: Mark Murray-Brown or Brad McHale at 
978-281-9260.

SUPPLEMENTARY INFORMATION: A final rule published on December 18, 2002 
(67 FR 77434), established a new HMS Angling category vessel permit. 
This new permit category was meant to allow recreational fishers to 
fish for, possess, and retain HMS. Further, the final rule specified 
that Atlantic Tunas General category permits could no longer be used by 
recreational fishers to fish for, possess, or retain HMS other than 
bluefin tuna. The final rule also specified that vessel category 
changes could not be made after a permit is issued for a fishing year.
    NMFS has recently received comments that the new permit category 
and the change to activities formerly allowed under General category 
rules has caused confusion. Due to this confusion, many permit holders 
obtained Atlantic Tunas General category vessel permits in error. Due 
to the unique circumstances of the new HMS Angling permit requirement, 
this rule provides a 30 day period for Atlantic Tunas General category 
permit holders to change their permit category and obtain Atlantic HMS 
Angling category permits. Pending receipt of a new permit, permit 
holders are subject to the regulations applicable to their currently 
held permits.

Permit Category Changes

    NMFS maintains an automated permitting system for the issuance of 
Atlantic tunas vessel permits and HMS Angling vessel permits. To make a 
permit category change under this temporary rule, dial (888) 872-8862 
and press ``0'' from the main menu to reach a Customer Service 
representative.

Classification

    This rule is published under the authority of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act) and the 
Atlantic Tunas Convention Act.
    The Assistant Administrator for Fisheries, NOAA (AA), has 
determined that this rule is consistent with the Magnuson-Stevens Act 
and other applicable laws.
    The Assistant Administrator for Fisheries, NOAA (AA), finds for 
good cause that providing prior notice and public comment for this 
temporary rule, as required under 5 U.S.C. 553(b)(B), is impracticable 
and contrary to the public interest. The Atlantic HMS Fishery opened on 
June 1, 2003. Over the past week, fishermen notified NMFS that, as a 
result of confusion regarding the new HMS recreational Angling permit 
requirement, they had unintentionally applied for and received General 
category permits. Having General category permits precludes them from 
participating in recreational tournaments. Tournaments are underway now 
and are scheduled throughout the summer. Because the fishery has 
already begun and tournaments are currently taking place, providing 
prior notice and an opportunity for public comment on allowing 
fishermen who intended to fish under the new Angling category to change 
from their incorrect permit category would effectively prevent these 
fishermen from being allowed to fish.
    Because this rule relieves a restriction by allowing an otherwise 
prohibited permit change, it is not subject to a 30-day delay in 
effective date pursuant to 5 U.S.C. 553(d)(1).
    NMFS will rapidly communicate this action to fishery participants 
through its FAX network and HMS Information Line.
    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 action is not significant within the meaning of Executive 
Order 12866.

    Dated: June, 9, 2003.
William T. Hogarth,
Assistant Adminstrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 03-14863 Filed 6-9-03; 1:12 pm]
BILLING CODE 3510-22-S