[Federal Register: June 27, 2003 (Volume 68, Number 124)]
[Rules and Regulations]
[Page 38233-38234]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jn03-21]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No.020325070-3159-06; I.D. 071299C]
RIN 0648-AM91
Atlantic Highly Migratory Species (HMS); Fishing Vessel Permits;
Charter Boat Operations; Temporary Rule
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration, Commerce.
ACTION: Temporary rule.
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SUMMARY: This rule provides a mechanism to correct permit errors for a
limited time after permit issuance for all Atlantic Tunas and Atlantic
HMS permit holders, excluding Atlantic Tunas longline and Purse seine
category permits. This mechanism is meant to provide relief for those
vessel operators who were issued permits incorrectly due to confusion
resulting from the establishment of the new HMS Angling category,
unfamiliarity with the automated permit system, or possible
administrative error.
DATES: Effective June 23, 2003, through December 31, 2003. All permit
category corrections for Atlantic Tunas and HMS permits issued prior to
or on June 23, 2003 must be made by July 3, 2003. All permit category
corrections for permits issued subsequent to June 23, 2003 must be made
within 10 days of the date of the issuance of the permit.
FOR FURTHER INFORMATION CONTACT: Mark Murray-Brown or Brad McHale at
978-281-9260.
SUPPLEMENTARY INFORMATION: A final rule published on December 18, 2002
(67 FR 77434), established a new HMS Angling category vessel permit.
This new permit category authorizes recreational anglers to fish for,
possess, and retain HMS. Further, the final rule specified that the
Atlantic Tunas General category permit, a commercial handgear category,
would not authorize persons aboard a vessel to fish for, possess, or
retain billfish, swordfish, or sharks in the recreational fisheries.
The final rule also re-specified that permit category changes could not
be made after a permit is issued for a fishing year. A temporary rule
that was published on June 12, 2003 (68 FR 35185), provided a limited
time during which Atlantic Tunas General category permit holders could
make a one-time change to the new Atlantic HMS
[[Page 38234]]
Angling category permit. That temporary rule is effective through July
9, 2003.
Since issuance of the June 12, 2003, temporary rule, NMFS has
received numerous comments on a daily basis that other permits have
been issued in incorrect categories due to confusion about the new HMS
Angling category, human error in selecting the permit due to
unfamiliarity with the automated permitting system, and possible
administrative error. Persons issued permits in the Atlantic Tunas
General and Harpoon and Atlantic HMS Angling and Charter/Headboat
categories have also contacted NMFS to seek relief for permits issued
in incorrect categories. Due to the unique circumstances of the new HMS
Angling permit requirements, and the numerous errors in permit category
issuance, this temporary rule provides a 10-day period for all Atlantic
Tunas General, Harpoon, and Trap categories and Atlantic HMS Angling
and Charter/Headboat category permit holders to correct permit category
errors. Atlantic Tunas Longline and Purse Seine category permits are
limited access permits and are not eligible for changes under this
temporary rule.
For persons issued 2003 Atlantic Tunas and Atlantic HMS category
permits after the effective date of this temporary rule, corrections to
a permit category must be made within 10 days of the date of issuance
of the permit (e.g., if a permit is issued on July 1, then corrections
to the permit category must be made by July 10). For persons issued
2003 Atlantic Tunas and Atlantic HMS category permits prior to or on
the effective date of this temporary rule (excluding Atlantic Tunas
Longline and Purse Seine category permits), corrections to permit
category errors must be made by July 3, 2003. It is incumbent upon
permit holders to carefully review their existing permit category
information, as, no further corrections to a permit category may be
made after the above-mentioned 10-day periods.
Pending receipt of a new permit, permit holders are subject to the
regulations applicable to their currently held permits.
Permit Category Changes
NMFS maintains an automated permitting system for the issuance of
Atlantic Tunas vessel permits and HMS Angling vessel permits. To make a
permit category correction under this temporary rule, dial (888) 872-
8862 and press ``0'' from the main menu to reach a Customer Service
representative.
Classification
This temporary rule is published under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) and the Atlantic Tunas Convention Act.
The Assistant Administrator for Fisheries, NOAA (AA), has
determined that this rule is consistent with the Magnuson-Stevens Act
and other applicable laws.
The Assistant Administrator for Fisheries, NOAA (AA), finds for
good cause that providing prior notice and public comment for this
temporary rule, as required under 5 U.S.C. 553(b)(B), is impracticable
and contrary to the public interest. The Atlantic HMS Fishery opened on
June 1, 2003. Over the past 2 weeks, fishermen have been notifying NMFS
that, as a result of confusion regarding the new HMS recreational
Angling permit requirement and errors in selecting and/or issuing their
permits, they had obtained Atlantic Tunas and Atlantic HMS permits in
incorrect categories. Current regulations do not provide a mechanism
for correcting permit category errors. Delay in issuing this temporary
rule would prevent fishermen who intended to fish under the new Angling
category or under different categories from being allowed to engage in
their intended fishing activities for the next several months.
Because this temporary rule relieves a restriction by allowing an
otherwise prohibited permit correction, it is not subject to a 30-day
delay in effective date pursuant to 5 U.S.C. 553(d)(1).
NMFS will rapidly communicate this action to fishery participants
through its FAX network and HMS Information Line.
Because prior notice and opportunity for public comment are not
required for this temporary rule by 5 U.S.C. 553, or by any other law,
the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C.
601 et seq., are inapplicable.
This action is not significant within the meaning of Executive
Order 12866.
Dated: June 23, 2003.
Rebecca J. Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 03-16260 Filed 6-23-03; 4:30 pm]
BILLING CODE 3510-22-S