[Federal Register Volume 63, Number 129 (Tuesday, July 7, 1998)]
[Rules and Regulations]
[Pages 36611-36612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17938]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 285

[Docket No. 980629161-8161-01; I.D. 061798A]
RIN 0648-AL39


Atlantic Tuna Fisheries; Atlantic Bluefin Tuna

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

ACTION: Rescission of prohibition.

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SUMMARY: NMFS issues this notification announcing the rescission of the 
prohibition of the use of aircraft to assist fishing vessel operators 
in the location and capture of Atlantic bluefin tuna (BFT). This 
rescission is in compliance with a June 10, 1998, Order of the United 
States District Court for Massachusetts (Court), which overturned the 
regulations banning the use of spotter planes in other than the Purse 
Seine and Harpoon categories.

DATES: Effective June 10, 1998.

FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, 301-713-2347, or 
Mark Murray-Brown, 978-281-9260.

SUPPLEMENTARY INFORMATION: NMFS, in accordance with the authority of 
the Atlantic Tunas Convention Act (16

[[Page 36612]]

U.S.C. 971 et seq.), amended the regulations found at 50 CFR Part 285 
governing the harvest of BFT by persons and vessels subject to U.S. 
jurisdiction to prohibit the use of spotter aircraft in assisting BFT 
vessels in other than the Harpoon and Purse Seine categories (62 FR 
38485, July 18, 1997).
    In response to a lawsuit filed by the Atlantic Fish Spotters 
Association, the Court, on June 10, 1998, overturned the prohibition on 
the use of spotter aircraft in assisting BFT vessels in other than the 
Harpoon and Purse Seine categories, as codified in 50 CFR Part 285. 
Therefore, consistent with the judicial order, spotter aircraft may now 
assist vessels in all categories, and the prohibition at 50 CFR Part 
285 is rescinded.

Classification

    This action is not significant for purposes of review under E.O. 
12866.
    The Assistant Administrator for Fisheries finds good cause under 5 
U.S.C. 553(b)(B) to waive the requirement to provide prior notice and 
an opportunity for public comment as such procedures are unnecessary. 
This rule, which rescinds an existing rule, is being issued pursuant to 
a court order invalidating the existing rule. NMFS has no discretion to 
consider alternatives to the issuance of this rule implementing the 
order. As such, prior notice and an opportunity for public comment are 
unnecessary because NMFS has no authority to alter the provisions of 
this rule. Because this action relieves a restriction, under 5 U.S.C. 
553(d)(1), it is not subject to a delay in effective date.

List of Subjects in 50 CFR Part 285

    Fisheries, Fishing, Penalties, Reporting and recordkeeping 
requirements, Treaties.

    Dated: June 30, 1998.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 285 is amended 
to read as follows:

PART 285--ATLANTIC TUNA FISHERIES

    1. The authority citation for part 285 continues to read as 
follows:

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


Sec. 285.31  [Amended]

    2. In Sec. 285.31, paragraph (a)(40) is removed.


Sec. 285.33  [Amended]

    3. In Sec. 285.33, paragraph (b) is removed and reserved.
[FR Doc. 98-17938 Filed 7-1-98; 3:39 pm]
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