29510 Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations

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.

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-ofinformation 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 MagnusonStevens 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 MagnusonStevens 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.

Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations 29511

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 § 635.4, paragraph (d)(3) is

suspended and a new paragraph (d)(6)

is added to read as follows:

§ 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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 010112013–1013–01; I.D.

052501D]

Fisheries of the Economic Exclusive

Zone Off Alaska; Deep-Water Species

Fishery by Vessels Using Trawl Gear in

the Gulf of Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is prohibiting directed

fishing for species that comprise the

deep-water species fishery by vessels

using trawl gear in the Gulf of Alaska

(GOA). This action is necessary because

the second seasonal apportionment of

the 2001 Pacific halibut bycatch

allowance specified for the deep-water

species fishery in the GOA has been

caught.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), May 25, 2001, until 1200

hrs, A.l.t., July 1, 2001.

FOR FURTHER INFORMATION CONTACT:

Mary Furuness, 907–586–7228.

SUPPLEMENTARY INFORMATION: NMFS

manages the groundfish fishery in the

GOA exclusive economic zone

according to the Fishery Management

Plan for Groundfish of the Gulf of

Alaska (FMP) prepared by the North

Pacific Fishery Management Council

under authority of the MagnusonStevens Fishery Conservation and

Management Act. Regulations governing

fishing by U.S. vessels in accordance

with the FMP appear at subpart H of 50

CFR part 600 and 50 CFR part 679.

The Pacific halibut bycatch allowance

for the GOA trawl deep-water species

fishery, which is defined at §

679.21(d)(3)(iii)(B), was established by

the Final 2001 Harvest Specifications

and Associated Management Measures

for the Groundfish Fisheries Off Alaska

(66 FR 7276, January 22, 2001) for the

second season, the period April 1, 2001,

through June 10, 2001, as 300 metric

tons.

In accordance with § 679.21(d)(7)(i),

the Administrator, Alaska Region,

NMFS (Regional Administrator), has

determined that the second seasonal

apportionment of the 2001 Pacific

halibut bycatch allowance specified for

the trawl deep-water species fishery in

the GOA has been caught.

Consequently, NMFS is prohibiting

directed fishing for the deep-water

species fishery by vessels using trawl

gear in the GOA. The species and

species groups that comprise the deepwater species fishery are: all rockfish of

the genera Sebastes and Sebastolobus,

deep water flatfish, rex sole, arrowtooth

flounder, and sablefish.

Maximum retainable bycatch amounts

may be found in the regulations at §

679.20(e) and (f).

Classification

This action responds to the best

available information recently obtained

from the fishery. The Assistant

Administrator for Fisheries, NOAA,

finds that the need to immediately

implement this action to prevent

exceeding the second seasonal

apportionment of the 2001 Pacific

halibut bycatch allowance specified for

the trawl deep-water species fishery in

the GOA constitutes good cause to

waive the requirement to provide prior

notice opportunity for public comment

pursuant to the authority set forth at 5

U.S.C. 553(b)(3)(B) and 50 CFR

679.20(b)(3)(iii)(A), as such procedures

would be unnecessary and contrary to

the public interest. Similarly, the need

to implement these measures in a timely

fashion to prevent exceeding the second

seasonal apportionment of the 2001

Pacific halibut bycatch allowance

specified for the trawl deep-water

species fishery in the GOA constitutes

good cause to find that the effective date

of this action cannot be delayed for 30

days. Accordingly, under 5 U.S.C.

553(d), a delay in the effective date is

hereby waived.

This action is required by § 679.20

and is exempt from review under

Executive Order 12866.

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

Dated: May 25, 2001.

Richard W. Surdi,

Acting Office Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 01–13661 Filed 5–25–01; 3:33 pm]

BILLING CODE 3510–22–S