[Federal Register Volume 68, Number 124 (Friday, June 27, 2003)]
[Rules and Regulations]
[Pages 38233-38234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16260]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No.020325070-3159-06; 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: Temporary rule.

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SUMMARY: This rule provides a mechanism to correct permit errors for a 
limited time after permit issuance for all Atlantic Tunas and Atlantic 
HMS permit holders, excluding Atlantic Tunas longline and Purse seine 
category permits. This mechanism is meant to provide relief for those 
vessel operators who were issued permits incorrectly due to confusion 
resulting from the establishment of the new HMS Angling category, 
unfamiliarity with the automated permit system, or possible 
administrative error.

DATES: Effective June 23, 2003, through December 31, 2003. All permit 
category corrections for Atlantic Tunas and HMS permits issued prior to 
or on June 23, 2003 must be made by July 3, 2003. All permit category 
corrections for permits issued subsequent to June 23, 2003 must be made 
within 10 days of the date of the issuance of the permit.

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 authorizes recreational anglers to fish for, 
possess, and retain HMS. Further, the final rule specified that the 
Atlantic Tunas General category permit, a commercial handgear category, 
would not authorize persons aboard a vessel to fish for, possess, or 
retain billfish, swordfish, or sharks in the recreational fisheries. 
The final rule also re-specified that permit category changes could not 
be made after a permit is issued for a fishing year. A temporary rule 
that was published on June 12, 2003 (68 FR 35185), provided a limited 
time during which Atlantic Tunas General category permit holders could 
make a one-time change to the new Atlantic HMS

[[Page 38234]]

Angling category permit. That temporary rule is effective through July 
9, 2003.
    Since issuance of the June 12, 2003, temporary rule, NMFS has 
received numerous comments on a daily basis that other permits have 
been issued in incorrect categories due to confusion about the new HMS 
Angling category, human error in selecting the permit due to 
unfamiliarity with the automated permitting system, and possible 
administrative error. Persons issued permits in the Atlantic Tunas 
General and Harpoon and Atlantic HMS Angling and Charter/Headboat 
categories have also contacted NMFS to seek relief for permits issued 
in incorrect categories. Due to the unique circumstances of the new HMS 
Angling permit requirements, and the numerous errors in permit category 
issuance, this temporary rule provides a 10-day period for all Atlantic 
Tunas General, Harpoon, and Trap categories and Atlantic HMS Angling 
and Charter/Headboat category permit holders to correct permit category 
errors. Atlantic Tunas Longline and Purse Seine category permits are 
limited access permits and are not eligible for changes under this 
temporary rule.
    For persons issued 2003 Atlantic Tunas and Atlantic HMS category 
permits after the effective date of this temporary rule, corrections to 
a permit category must be made within 10 days of the date of issuance 
of the permit (e.g., if a permit is issued on July 1, then corrections 
to the permit category must be made by July 10). For persons issued 
2003 Atlantic Tunas and Atlantic HMS category permits prior to or on 
the effective date of this temporary rule (excluding Atlantic Tunas 
Longline and Purse Seine category permits), corrections to permit 
category errors must be made by July 3, 2003. It is incumbent upon 
permit holders to carefully review their existing permit category 
information, as, no further corrections to a permit category may be 
made after the above-mentioned 10-day periods.
    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 correction under this temporary rule, dial (888) 872-
8862 and press ``0'' from the main menu to reach a Customer Service 
representative.

Classification

    This temporary 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 2 weeks, fishermen have been notifying NMFS 
that, as a result of confusion regarding the new HMS recreational 
Angling permit requirement and errors in selecting and/or issuing their 
permits, they had obtained Atlantic Tunas and Atlantic HMS permits in 
incorrect categories. Current regulations do not provide a mechanism 
for correcting permit category errors. Delay in issuing this temporary 
rule would prevent fishermen who intended to fish under the new Angling 
category or under different categories from being allowed to engage in 
their intended fishing activities for the next several months.
    Because this temporary rule relieves a restriction by allowing an 
otherwise prohibited permit correction, 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 temporary 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 23, 2003.
Rebecca J. Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 03-16260 Filed 6-23-03; 4:30 pm]
BILLING CODE 3510-22-S