Fisheries of the Northeastern United States; Final Rule for the Loligo Squid/Butterfish, Scup, Black Sea Bass, and Illex Squid Fisheries; Moratorium Vessel Permit Eligibility

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 980529141-8141-01; I.D. 052198A]

RIN 0648-AL34

Fisheries of the Northeastern United States; Final Rule for the

Loligo Squid/Butterfish, Scup, Black Sea Bass, and Illex Squid

Fisheries; Moratorium Vessel Permit Eligibility

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues a final rule to amend the regulations implementing

Amendment 5 to the Fishery Management Plan (FMP) for the Atlantic

mackerel, squid, and butterfish fisheries (Amendment 5), and Amendments

8 and 9 to the FMP for the summer flounder, scup, and black sea bass

fisheries (Amendments 8 and 9). The purpose of this final rule is to

comply with the intent of Amendments 5, 8, and 9 regarding the

application restrictions for initial moratorium permits.

DATES: Effective June 9, 1998.

FOR FURTHER INFORMATION CONTACT: Tom Warren, Fishery Management

Specialist, (978) 281-9347.

SUPPLEMENTARY INFORMATION: The final rule that implemented the

commercial vessel moratorium for the Loligo squid/butterfish fishery in

Amendment 5 was published on April 2, 1996 (61 FR 14465). The measures

implementing the Illex squid moratorium were revised and approved in

resubmitted Amendment 5 on May 27, 1997 (62 FR 28638). The final rules

that implemented Amendments 8 and 9 were published on August 23, 1996

(61 FR 43420), and November 15, 1996 (61 FR 58461), respectively and

established moratoria on entry into the scup and black sea bass

fisheries, respectively.

Application restrictions for moratorium vessel permits were

specified for each of these fisheries. The regulations implementing

Amendments 5, 8, and 9 specified that no one may apply for an initial

commercial moratorium permit 12 months after the effective date of the

final rule implementing each amendment. The application deadlines as

specified in the final rule of each amendment are: Loligo squid/

butterfish, May 2, 1997; scup, September 23, 1997; black sea bass,

December 15, 1997; and Illex squid, June 26, 1998.

The intent of the regulations was to provide 12 months of

opportunity for vessel owners to apply for initial moratorium permits.

However, logistical problems developed in coordinating the availability

of the initial application forms with the effective dates of the final

regulations. As a consequence, notification to potential applicants of

the application requirements, including the deadlines, was delayed.

Since forms were not available for vessel owners to apply for a

moratorium fishery, the actual time frame in which they could apply was

truncated. As a result, applicants for the Loligo squid/butterfish

fishery received 8 months to apply; scup applicants received 11 months;

and black sea bass applicants received 8 months. The intent of the

regulations to provide 12 months in which to apply was thus not

fulfilled. By reopening the permit application period for these

fisheries, NMFS is providing additional time for applicants to apply

for initial moratorium permits, as was originally intended.

Since the application periods for these three fisheries have

expired, they must be reopened. Reopening the application periods for

initial moratorium permits for the Loligo squid/butterfish, scup, and

black sea bass fisheries for the period from June 9, 1998, through

August 31, 1998, will result in additional opportunity, though not

continuous, for applicants to apply for an initial moratorium permit.

Therefore, the intent of this rule is to allow a more equitable

opportunity to apply for these moratorium permits.

This final rule also adjusts the deadline for submittal of

applications for the Illex squid moratorium permit so that it coincides

with the August 31, 1998, deadline implemented by this final rule for

Loligo squid/butterfish, scup, and black sea bass. Revising the date of

the application deadline for the Illex squid moratorium permit (August

31, 1998) will result in a uniform deadline and reduce confusion in the

industry.

Classification

Pursuant to authority at 5 U.S.C. 553(b)(B), the Assistant

Administrator, NMFS, finds good cause to waive the requirement to

provide prior notice and opportunity for public comment for this rule

as such procedures are unnecessary and contrary to the public interest.

A proposed rule informing the public of the application limitation for

these fisheries was previously published for the original application

deadlines. An additional comment period is unnecessary and will

protract the permitting process for these fisheries without any

concomitant benefit. The rule operates to relieve an unintended

restriction and to avoid confusion in the industry by providing a

uniform extension of the permit application deadline and the shortest

hiatus in the permitting process. Because this rule relieves a

restriction under 5 U.S.C. 553(d)(1), it is not subject to a 30-day

delay in effective date.

Because prior notice and opportunity for public comment are not

required for this rule by 5 U.S.C. 553, or any other law, the

analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601

et seq., are inapplicable.

[[Page 32144]]

This rule has been determined to be not significant under E.O.

12866.

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Reporting and recordkeeping requirements.

Dated: June 8, 1998.

Rolland A. Schmitten,

Assistant Administrator for Fisheries, National Marine Fisheries

Service.

For the reasons set out in the preamble, 50 CFR part 648 is amended

as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

1. The authority citation for part 648 continues to read as

follows:

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

2. Section 648.4 is amended by revising paragraphs (a)(5)(i)(B)(1),

(a)(5)(ii)(B)(1), (a)(6)(i)(B)(1), and (a)(7)(i)(B)(1) to read as

follows:

Sec. 648.4 Vessel and individual commercial permits.

(a) * * *

(5) * * *

(i) * * *

(B) * * *

(1) August 31, 1998; or

* * * * *

(ii) * * *

(B) * * *

(1) August 31, 1998; or

* * * * *

(6) * * *

(i) * * *

(B) * * *

(1) No one may apply for an initial scup moratorium permit after

August 31, 1998.

* * * * *

(7) * * *

(i) * * *

(B) * * *

(1) August 31, 1998; or

* * * * *

[FR Doc. 98-15725 Filed 6-9-98; 3:10 pm]

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