31844 Federal Register / Vol. 66, No. 114 / Wednesday, June 13, 2001 / Rules and Regulations

populations of less than 50,000. This

rule does not affect any small entities.

Therefore, the Coast Guard certifies

under 5 U.S.C. 605(b) that this rule will

not have a significant economic impact

on a substantial number of small

entities. We will evaluate, under the

criteria in ‘‘Regulatory Information’’,

any comments submitted in response to

this finding.

Collection of Information

This direct final rule calls for no new

collection of information under the

Paperwork Reduction Act of 1995 [44

U.S.C. 3501–3520].

Federalism

We have analyzed this direct final

rule under Executive Order 13132 and

have determined that it does not have

implications for federalism under that

Order.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 [2 U.S.C. 1531–1538] requires

Federal agencies to assess the effects of

their regulatory actions not specifically

required by law. In particular, the Act

addresses actions that may result in the

expenditure by a State, local, or tribal

government, in the aggregate, or by the

private sector of $100,000,000 or more

in any one year. Though this direct final

rule will not result in such an

expenditure, we do discuss the effects of

this rule elsewhere in this preamble.

Taking of Private Property

This direct final rule will not effect a

taking of private property or otherwise

have taking implications under

Executive Order 12630, Governmental

Actions and Interference with

Constitutionally Protected Property

Rights.

Civil Justice Reform

This direct final rule meets applicable

standards in sections 3(a) and 3(b)(2) of

Executive Order 12988, Civil Justice

Reform, to minimize litigation,

eliminate ambiguity, and reduce

burden.

Protection of Children

We have analyzed this direct final

rule under Executive Order 13045,

Protection of Children from

Environmental Health Risks and Safety

Risks. This rule is not an economically

significant rule and does not concern an

environmental risk to health or risk to

safety that may disproportionately affect

children.

Indian Tribal Governments

This direct final rule does not have

tribal implications under Executive

Order 13175, Consultation and

Coordination with Indian Tribal

Governments, because it does not have

a substantial direct effect on one or

more Indian tribes, on the relationship

between the Federal Government and

Indian tribes, or on the distribution of

power and responsibilities between the

Federal Government and Indian tribes.

Environment

The Coast Guard considered the

environmental impact of this direct final

rule and concluded that, under figure 2–

1, paragraph (34)(a) of Commandant

Instruction M16475.lC, this rule is

categorically excluded from further

environmental documentation. It is

‘‘procedural’’ within the meaning of that

paragraph. A Determination of

Categorical Exclusion is available in the

docket where indicated under

ADDRESSES.

List of Subjects in 46 CFR Part 1

Organization, General Course and

Methods Governing Marine Safety

Functions.

For the reasons discussed in the

preamble, the Coast Guard amends 46

CFR part 1 as follows:

1. Revise the citation of authority for

part 1 to read as follows:

Authority: 5 U.S.C. 552; 14 U.S.C. 633; 46

U.S.C. 7701; 46 U.S.C. Chapter 93; 49 CFR

1.45, 1.46; § 1.01–35 also issued under the

authority of 44 U.S.C. 3507.

2. Revise paragraph (a) of § 1.03–15

and add paragraph (h)(5) to read as

follows:

§ 1.03–15 General.

(a) Any person directly affected by a

decision or action taken under this

chapter or under chapter III of this title,

by or on behalf of the Coast Guard,

except for matters covered by subpart J

of part 5 of this chapterdealing with

suspension-and-revocation hearings,

shall follow the procedures contained in

this section when requesting that the

decision or action be reviewed, set

aside, or revised.

* * * * *

(h) * * *

(5) Commandant (G–MW) for appeals

involving decisions or actions of the

Director, Great Lakes Pilotage.

* * * * *

3. Add § 1.03–50 to read as follows:

§ 1.03–50 Appeals from decisions or

actions of the Director, Great Lakes

Pilotage.

Any person directly affected by a

decision or action of the Director, Great

Lakes Pilotage, may make a formal

appeal of that decision or action to

Commandant (G–MW), in accordance

with the procedures contained in

§ 1.03–15 of this subpart.

Dated: April 24, 2001.

R.C. North,

Rear Admiral, U.S. Coast Guard, Assistant

Commandant for Marine, Safety and

Environmental Protection.

[FR Doc. 01–14817 Filed 6–12–01; 8:45 am]

BILLING CODE 4910–15–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 635

[I.D. 051701G]

Atlantic Highly Migratory Species;

Bluefin Tuna Recreational Fishery

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Retention limit adjustments.

SUMMARY: NMFS adjusts the daily

retention limit for the recreational

fisheries for Atlantic bluefin tuna (BFT)

for the fishing year that began June 1,

2001, and ends May 31, 2002. Vessels

permitted in the Atlantic Tunas Angling

and the Atlantic Highly Migratory

Species (HMS) Charter/Headboat

categories are eligible to land BFT under

the BFT Angling category quotas. The

seasonal adjustments to the daily

retention limit and the measurements

for each BFT size class are specified in

the DATES and SUPPLEMENTARY

INFORMATION section of this document.

This action is being taken to provide

increased fishing opportunities in all

areas without risking overharvest of this

category.

DATES: Effective June 15 through

October 31, 2001, the daily retention

limit in all areas for all vessels fishing

under the Angling category quota is

adjusted to four BFT per vessel, which

may be from the school, large school, or

small medium size class.

Effective November 1, 2001 through

May 31, 2002, the daily retention limit

in all areas is adjusted to one large

school or small medium BFT for all

vessels fishing under the Angling

category quota.

FOR FURTHER INFORMATION CONTACT: Brad

McHale, (978) 281–9260.

SUPPLEMENTARY INFORMATION:

Regulations implemented under the

authority of the Atlantic Tunas

Convention Act (16 U.S.C. 971 et seq.)

and the Magnuson-Stevens

Federal Register / Vol. 66, No. 114 / Wednesday, June 13, 2001 / Rules and Regulations 31845

Conservation and Management Act (16

U.S.C. 1801 et seq.) governing the

harvest of BFT by persons and vessels

subject to U.S. jurisdiction are found at

50 CFR part 635.

Implementing regulations for the

Atlantic tuna fisheries at § 635.23 set the

daily retention limits for the BFT

recreational fishery and allow for

adjustments to the daily retention limits

in order to provide for maximum

utilization of the quota over the longest

possible period of time. NMFS may

increase or reduce the per angler

retention limit for any size class BFT or

may change the per angler limit to a per

boat limit or the per boat limit to a per

angler limit. Size class categories of BFT

are defined as follows: school size BFT

measure 27 to less than 47 inches (69 to

less than 119 cm) curved fork length

(CFL); large school BFT measure 47 to

less than 59 inches (119 to less than 150

cm) CFL; small medium BFT measure

59 to less than 73 inches (150 to less

than 185 cm) CFL; large medium BFT

measure 73 to less than 81 inches (185

to less than 206 cm) CFL; and giant BFT

measure 81 inches or greater (206 cm or

greater) CFL.

A recommendation of the

International Commission for the

Conservation of Atlantic Tunas (ICCAT)

requires that NMFS limit the catch of

school BFT to no more than 8 percent

by weight of the total domestic landings

quota over each 4-consecutive-year

period. NMFS is implementing this

ICCAT recommendation through annual

and inseason adjustments to the school

BFT retention limits, as necessary, and

through the establishment of a school

BFT reserve (64 FR 29090, May 28,

1999; 64 FR 29806, June 3, 1999).

The ICCAT recommendation allows

for interannual adjustments for

overharvests and underharvests,

provided that the 8-percent landings

limit is met over the applicable 4-

consecutive-year period. The 2001

fishing year is the third year in the

current accounting period. This multiyear block quota approach provides

NMFS with the flexibility to enhance

fishing opportunities and to collect

information on a broad range of BFT

size classes.

Regulations at 50 CFR 635.23(b)

restrict vessels fishing under the BFT

Angling category quota to one BFT per

vessel per day, which may be from the

school, large school, or small medium

category and, in addition, one large

medium or giant BFT per vessel per

year. This retention limit is subject to

adjustment to provide for maximum

utilization of the quota and enhanced

fishing opportunities over the range of

the recreational fisheries. NMFS has

received comment from BFT fishermen

that the implementation of an increased

daily retention limit over a date-certain

period is preferable to a longer season

with a lower daily retention limit as it

facilitates the scheduling of fishing

trips, particularly charter trips.

Since the beginning of the fishing year

on June 1, 2001, the default Angling

category daily retention limit at 50 CFR

635.23(b) has been in effect and applies

until the effective date of this catch

limit adjustment. Effective June 15

through October 31, 2001, NMFS adjusts

the recreational fishing daily retention

limit for all fishing areas to four BFT in

any combination of the school, large

school, or small medium size classes.

This limit applies to all vessels

permitted in the Atlantic Tunas Angling

category and to vessels permitted in the

Atlantic HMS Charter/Headboat

category.

From November 1, 2001, through May

31, 2002, the daily retention limit for all

vessels fishing under the Angling

category quota will be adjusted to one

large school or small medium BFT per

vessel. Regardless of the length of the

trip, no more than a single day’s

allowable catch may be possessed or

retained.

NMFS selected the daily retention

limit and the duration of the daily

retention limit adjustment after

examining past catch and effort rates

and the available quota for 2001. NMFS

will continue to monitor the Angling

category fishery closely through the

Automated Landings Reporting System,

the state harvest tagging programs in

North Carolina and Maryland, and the

Large Pelagics Survey. Depending on

the level of fishing effort and catch rates

of BFT, NMFS may determine that an

interim closure or an additional

retention limit adjustment is necessary

to enhance scientific data collection

from, and fishing opportunities in, all

geographic areas. Additionally, NMFS

may determine that an allocation from

the school BFT reserve is warranted to

further fishery management objectives.

Closures or subsequent adjustments to

the daily retention limit, if any, will be

announced through publication in the

Federal Register. In addition, anglers

may call the Atlantic Tunas Information

Line at (888) 872–8862 or (978) 281–

9305 for updates on quota monitoring

and retention limit adjustments. Anglers

aboard Atlantic HMS Charter/Headboat

category vessels, when engaged in

recreational fishing for school, large

school, and small medium BFT, are

subject to the same rules as anglers

aboard Angling category vessels.

All BFT landed under the Angling

category quota must be reported within

24 hours of landing to the NMFS

Automated Landings Reporting System

via toll-free phone at (888)872–8862; or

the Internet (www.nmfspermits.com);

or, if landed in the states of North

Carolina or Maryland, to a reporting

station prior to offloading. Information

about these state harvest tagging

programs, including reporting station

locations, can be obtained in North

Carolina by calling (800) 338–7804, and

in Maryland by calling (410) 213–1531.

In addition, anglers aboard permitted

vessels may continue to tag and release

BFT of all sizes under a tag-and-release

program, provided the angler tags all

BFT so caught, regardless of whether

previously tagged, with conventional

tags issued or approved by NMFS,

returns such fish to the sea immediately

after tagging with a minimum of injury,

and reports the tagging, and, if the BFT

was previously tagged, the information

on the previous tag (50 CFR 635.26).

Classification

This action is taken under 50 CFR

635.23(b)(3). This action is exempt from

review under E.O. 12866.

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

et seq.

Dated: June 8, 2001.

Samuel W. McKeen,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 01–14921 Filed 6–8–01; 4:20 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 010112013–1139–04; I.D.

011101B]

RIN 0648–A082

Fisheries of the Exclusive Economic

Zone Off Alaska; Steller Sea Lion

Protection Measures for the

Groundfish Fisheries off Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Amendments to an emergency

interim rule; request for comments.

SUMMARY: NMFS amends an emergency

interim rule implementing 2001 Steller

sea lion protection measures. These

modifications prohibit directed fishing

for Pacific cod by specified vessels until

the July 17, 2001, expiration of that

emergency interim rule. It is expected