[Federal Register Volume 66, Number 110 (Thursday, June 7, 2001)]
[Rules and Regulations]
[Pages 30651-30653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14288]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 635

[Docket No. 010530142-1142-01; I.D. 040601J]
RIN 0648-AP23


Atlantic Highly Migratory Species (HMS); NOAA Information 
Collection Requirements; Regulatory Adjustments

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

ACTION:  Final rule; technical amendment.

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SUMMARY: NMFS announces approval by the Office of Management and Budget 
(OMB) of a collection-of-information requirement contained in the final 
consolidated regulations governing the Atlantic HMS fisheries. 
Accordingly, NMFS amends the regulations and makes effective the 
requirement that vessels taking paying customers to fish for Atlantic 
tunas, swordfish, sharks, and billfish obtain an Atlantic HMS Charter/
Headboat permit. This final rule, technical amendment, also updates the 
OMB table to add this OMB approval, to remove expired control numbers, 
and to correct control numbers to the appropriate CFR part or section. 
The intent of this final rule is to inform the public of the effective 
date of the Atlantic HMS Charter/Headboat permit requirement and to 
adjust the regulations accordingly.

DATES:  Effective July 1, 2001.

ADDRESSES:  Any comments regarding burden-hour estimates for 
collection-of-information requirements contained in this final rule 
should be sent 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, and to the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, Washington, DC 20503 (ATTN: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Brad McHale or Pat Scida, 978-281-
9260.

SUPPLEMENTARY INFORMATION:  On May 28, 1999, NMFS published a final 
rule (64 FR 29090) to implement the Fishery Management Plan for 
Atlantic Tunas, Swordfish and Sharks (HMS FMP) and Amendment One to the 
Fishery Management Plan for Atlantic Billfish (Billfish FMP Amendment). 
One of the measures in the FMPs and the implementing rule required 
vessels that take paying customers fishing for Atlantic tunas, 
swordfish, sharks, and billfish to obtain an Atlantic HMS Charter/
Headboat permit (50 CFR 635.46(b). The final rule was published prior 
to OMB's approval of the information collection requirement for the 
charter/headboat permit. Therefore, the effective date of this 
information collection requirement was deferred pending OMB approval. 
On August 9, 2000, OMB approved the information collection associated 
with the Atlantic HMS Charter/Headboat permit requirement. As the OMB 
approval was issued during the midst of the 2000 fishing year, NMFS did 
not immediately make the regulation effective so as to avoid confusion 
among charter/headboat operators who had already been issued Atlantic 
Tunas permits for the 2000 fishing year, and to provide the Agency time 
to modify the automated permit system to issue the new type of permits.
    NOAA codifies its OMB control numbers for information collection at 
15 CFR part 902. This final rule/technical amendment notifies the 
public of the OMB approval of this information collection, codifies OMB 
control number 0648-0327 for 50 CFR 635.4(b) in the table at 15 CFR 
902.1(b), and updates the table at 15 CFR 902.1(b) to remove expired 
control numbers and to correct control numbers that were not associated 
with the appropriate CFR part or section.

[[Page 30652]]

    This final rule/technical amendment makes the regulations requiring 
the Atlantic HMS Charter/Headboat permit effective July 1, 2001. The 
fishing year for sharks is based on a calendar year. It also amends the 
regulations to reflect this new requirement by removing or replacing 
obsolete regulatory text that pertains to the Atlantic Tunas Charter/
Headboat permit category.

Classification

    This rule has been determined to be not significant for the 
purposes of Executive Order 12866.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any 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 rule contains a collection-of-information requirement subject 
to the PRA that has been approved by OMB under 0648-0327. The public 
reporting burden for the information collection for an initial permit 
is estimated to average 30 minutes per response, and the public 
reporting burden for renewal by telephone or via the internet is 
estimated to average six minutes per response. The estimated response 
time includes the time needed for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. Send comments 
regarding these reporting burden estimates or any other aspect of the 
collection-of-information, including suggestions for reducing the 
burden, to NMFS and OMB (see ADDRESSES).

List of Subjects

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 635

    Fisheries, Fishing, Fishing vessels, Foreign relations, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements, Statistics, Treaties.

    Dated: June 1, 2001.
 William T. Hogarth,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 15 CFR chapter IX and 50 
CFR Chapter VI are amended as follows:

15 CFR Chapter IX

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT; OMB CONTROL NUMBERS

    1. The authority citation for part 902 continues to read as 
follows:

    Authority: 44 U.S.C. 3501 et seq.

    2. In Sec.  902.1, the table in paragraph (b) under 50 CFR is 
amended by removing the entries for part 635 from Sec.  635.4(d) 
through Sec.  635.69(a), and, in the right hand column in corresponding 
positions, the control numbers, and by adding in their place the 
following entries to read as follows:


Sec.  902.1   OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

* * * * *
    (b) Display.

------------------------------------------------------------------------
                                             Current OMB control number
 CFR part or section where the information  (All numbers begin with 0648-
     collection requirement is located                    )
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    *            *             *             *             *
50 CFR
    *            *             *             *             *
635.4(b)                                    -0327
635.4(d)                                    -0327
635.4(g)                                    -0202 and -0205
635.5(a)                                    -0371 and -0328
635.5(b)                                    -0013 and -0239
635.5(c)                                    -0328
635.5(d)                                    -0323
635.6                                       -0373
635.7(c)                                    -0374
635.26                                      -0247
635.31(b)                                   -0216
635.32                                      -0309
635.33                                      -0338
635.42                                      -0040
635.43                                      -0040
635.44                                      -0040
635.46(b)                                   -0363
635.69(a)                                   -0372
    *            *             *             *             *
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50 CFR Chapter VI

PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES

    3. The authority citation for part 635 continues to read as 
follows:

    Authority:  16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.

    4. In Sec.  635.4, paragraphs (b)(1), and (d)(1) through (d)(3) are 
revised to read as follows:


Sec.  635.4   Permits and fees.

* * * * *
    (b) HMS Charter/Headboat Permits. (1) The owner of a charter boat 
or headboat used to fish for, take, retain, or possess any Atlantic HMS 
must obtain an HMS Charter/Headboat permit. A vessel issued an Atlantic 
HMS Charter/Headboat permit, during such permit's period of validity, 
shall not be issued an Atlantic Tunas permit in any category.
* * * * *
    (d) Atlantic Tunas vessel permits. (1) The owner of each vessel 
used to fish for or take Atlantic tunas or on which Atlantic tunas are 
retained or possessed must obtain, in addition to any other required 
permits, an HMS Charter/Headboat permit issued under paragraph (b) of 
this section, or an Atlantic Tunas permit in one, and only one, of the 
following categories: Angling, General, Harpoon, Longline, Purse Seine, 
or Trap.
    (2) Persons aboard a vessel with a valid Atlantic Tunas vessel 
permit or HMS Charter/Headboat permit may fish for, take, retain, or 
possess Atlantic tunas, but only in compliance with the quotas, catch 
limits, size classes, and gear applicable to the permit category of the 
vessel from which he or she is fishing. Persons may sell Atlantic tunas 
only if the harvesting vessel has a valid permit in the General, 
Harpoon, Longline, Purse Seine, or Trap category of the Atlantic tunas 
permit or a valid HMS Charter/Headboat permit. Persons may not sell 
Atlantic tunas caught on board a vessel issued a permit in the Angling 
category.

[[Page 30653]]

    (3) Except for vessels with an Atlantic Tunas purse seine category 
permit, a vessel owner may change the category of the vessel's Atlantic 
Tunas permit or change between an Atlantic Tunas permit and the 
Atlantic HMS Charter/Headboat permit no more than once each year and 
only from January 1 through May 15. From May 16 through December 31, 
the vessel's permit or permit category may not be changed, regardless 
of a change in the vessel's ownership.
* * * * *


Sec.  635.5   [Amended]

    5. In Sec.  635.5, paragraph (a)(1) the reference ``Sec.  
635.4(c)'' is removed and replaced with the reference ``Sec.  
635.4(b)'' .


Sec.  635.71  [Amended]

    6. In Sec.  635.71, paragraph (a)(27) the reference ``Sec.  
635.4(c)(2)'' is removed and replaced with the reference 
``Sec. 635.4(b)''.
[FR Doc. 01-14288 Filed 6-1-01; 4:52 pm]
BILLING CODE 3510-22-S