[Federal Register Volume 63, Number 113 (Friday, June 12, 1998)]
[Rules and Regulations]
[Pages 32143-32144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15725]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 980529141-8141-01; I.D. 052198A]
RIN 0648-AL34


Fisheries of the Northeastern United States; Final Rule for the 
Loligo Squid/Butterfish, Scup, Black Sea Bass, and Illex Squid 
Fisheries; Moratorium Vessel Permit Eligibility

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

ACTION: Final rule.

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SUMMARY: NMFS issues a final rule to amend the regulations implementing 
Amendment 5 to the Fishery Management Plan (FMP) for the Atlantic 
mackerel, squid, and butterfish fisheries (Amendment 5), and Amendments 
8 and 9 to the FMP for the summer flounder, scup, and black sea bass 
fisheries (Amendments 8 and 9). The purpose of this final rule is to 
comply with the intent of Amendments 5, 8, and 9 regarding the 
application restrictions for initial moratorium permits.

DATES: Effective June 9, 1998.

FOR FURTHER INFORMATION CONTACT: Tom Warren, Fishery Management 
Specialist, (978) 281-9347.

SUPPLEMENTARY INFORMATION: The final rule that implemented the 
commercial vessel moratorium for the Loligo squid/butterfish fishery in 
Amendment 5 was published on April 2, 1996 (61 FR 14465). The measures 
implementing the Illex squid moratorium were revised and approved in 
resubmitted Amendment 5 on May 27, 1997 (62 FR 28638). The final rules 
that implemented Amendments 8 and 9 were published on August 23, 1996 
(61 FR 43420), and November 15, 1996 (61 FR 58461), respectively and 
established moratoria on entry into the scup and black sea bass 
fisheries, respectively. 
    Application restrictions for moratorium vessel permits were 
specified for each of these fisheries. The regulations implementing 
Amendments 5, 8, and 9 specified that no one may apply for an initial 
commercial moratorium permit 12 months after the effective date of the 
final rule implementing each amendment. The application deadlines as 
specified in the final rule of each amendment are: Loligo squid/
butterfish, May 2, 1997; scup, September 23, 1997; black sea bass, 
December 15, 1997; and Illex squid, June 26, 1998.
    The intent of the regulations was to provide 12 months of 
opportunity for vessel owners to apply for initial moratorium permits. 
However, logistical problems developed in coordinating the availability 
of the initial application forms with the effective dates of the final 
regulations. As a consequence, notification to potential applicants of 
the application requirements, including the deadlines, was delayed. 
Since forms were not available for vessel owners to apply for a 
moratorium fishery, the actual time frame in which they could apply was 
truncated. As a result, applicants for the Loligo squid/butterfish 
fishery received 8 months to apply; scup applicants received 11 months; 
and black sea bass applicants received 8 months. The intent of the 
regulations to provide 12 months in which to apply was thus not 
fulfilled. By reopening the permit application period for these 
fisheries, NMFS is providing additional time for applicants to apply 
for initial moratorium permits, as was originally intended.
    Since the application periods for these three fisheries have 
expired, they must be reopened. Reopening the application periods for 
initial moratorium permits for the Loligo squid/butterfish, scup, and 
black sea bass fisheries for the period from June 9, 1998, through 
August 31, 1998, will result in additional opportunity, though not 
continuous, for applicants to apply for an initial moratorium permit. 
Therefore, the intent of this rule is to allow a more equitable 
opportunity to apply for these moratorium permits.
    This final rule also adjusts the deadline for submittal of 
applications for the Illex squid moratorium permit so that it coincides 
with the August 31, 1998, deadline implemented by this final rule for 
Loligo squid/butterfish, scup, and black sea bass. Revising the date of 
the application deadline for the Illex squid moratorium permit (August 
31, 1998) will result in a uniform deadline and reduce confusion in the 
industry.

Classification

    Pursuant to authority at 5 U.S.C. 553(b)(B), the Assistant 
Administrator, NMFS, finds good cause to waive the requirement to 
provide prior notice and opportunity for public comment for this rule 
as such procedures are unnecessary and contrary to the public interest. 
A proposed rule informing the public of the application limitation for 
these fisheries was previously published for the original application 
deadlines. An additional comment period is unnecessary and will 
protract the permitting process for these fisheries without any 
concomitant benefit. The rule operates to relieve an unintended 
restriction and to avoid confusion in the industry by providing a 
uniform extension of the permit application deadline and the shortest 
hiatus in the permitting process. Because this rule relieves a 
restriction under 5 U.S.C. 553(d)(1), it is not subject to a 30-day 
delay in effective date.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable.

[[Page 32144]]

    This rule has been determined to be not significant under E.O. 
12866.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: June 8, 1998.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 648 is amended 
as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

    1. The authority citation for part 648 continues to read as 
follows:

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

    2. Section 648.4 is amended by revising paragraphs (a)(5)(i)(B)(1), 
(a)(5)(ii)(B)(1), (a)(6)(i)(B)(1), and (a)(7)(i)(B)(1) to read as 
follows:


Sec. 648.4  Vessel and individual commercial permits.

    (a) * * *
    (5) * * *
    (i) * * *
    (B) * * *
    (1) August 31, 1998; or
* * * * *
    (ii) * * *
    (B) * * *
    (1) August 31, 1998; or
* * * * *
    (6) * * *
    (i) * * *
    (B) * * *
    (1) No one may apply for an initial scup moratorium permit after 
August 31, 1998.
* * * * *
    (7) * * *
    (i) * * *
    (B) * * *
    (1) August 31, 1998; or
* * * * *
[FR Doc. 98-15725 Filed 6-9-98; 3:10 pm]
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