Fishery conservation and management: West Coast States and Western Pacific fisheries— Tuna, Atlantic bluefin fisheries,

[Federal Register: July 7, 1998 (Volume 63, Number 129)]

[Rules and Regulations]

[Page 36611-36612]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr07jy98-13]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 285

[Docket No. 980629161-8161-01; I.D. 061798A]

RIN 0648-AL39

Atlantic Tuna Fisheries; Atlantic Bluefin Tuna

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

ACTION: Rescission of prohibition.

SUMMARY: NMFS issues this notification announcing the rescission of the prohibition of the use of aircraft to assist fishing vessel operators in the location and capture of Atlantic bluefin tuna (BFT). This rescission is in compliance with a June 10, 1998, Order of the United States District Court for Massachusetts (Court), which overturned the regulations banning the use of spotter planes in other than the Purse Seine and Harpoon categories.

DATES: Effective June 10, 1998.

FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, 301-713-2347, or Mark Murray-Brown, 978-281-9260.

SUPPLEMENTARY INFORMATION: NMFS, in accordance with the authority of the Atlantic Tunas Convention Act (16

[[Page 36612]]

U.S.C. 971 et seq.), amended the regulations found at 50 CFR Part 285 governing the harvest of BFT by persons and vessels subject to U.S. jurisdiction to prohibit the use of spotter aircraft in assisting BFT vessels in other than the Harpoon and Purse Seine categories (62 FR 38485, July 18, 1997).

In response to a lawsuit filedby the Atlantic Fish Spotters Association, the Court, on June 10, 1998, overturned the prohibition on the use of spotter aircraft in assisting BFT vessels in other than the Harpoon and Purse Seine categories, as codified in 50 CFR Part 285. Therefore, consistent with the judicial order, spotter aircraft may now assist vessels in all categories, and the prohibition at 50 CFR Part 285 is rescinded.

Classification

This action is not significant for purposes of review under E.O. 12866.

The Assistant Administrator for Fisheries finds good cause under 5 U.S.C. 553(b)(B) to waive the requirement to provide prior notice and an opportunity for public comment as such procedures are unnecessary. This rule, which rescinds an existing rule, is being issued pursuant to a court order invalidating the existing rule. NMFS has no discretion to consider alternatives to the issuance of this rule implementing the order. As such, prior notice and an opportunity for public comment are unnecessary because NMFS has no authority to alter the provisions of this rule. Because this action relieves a restriction, under 5 U.S.C. 553(d)(1), it is not subject to a delay in effective date.

List of Subjects in 50 CFR Part 285

Fisheries, Fishing, Penalties, Reporting and recordkeeping requirements, Treaties.

Dated: June 30, 1998. David L. Evans, Deputy Assistant Administrator for Fisheries, National Marine Fisheries Service.

For the reasons set out in the preamble, 50 CFR part 285 is amended to read as follows:

PART 285--ATLANTIC TUNA FISHERIES

1. The authority citation for part 285 continues to read as follows:

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

   Sec. 285.31 [Amended]

2. In Sec. 285.31, paragraph (a)(40) is removed.

   Sec. 285.33 [Amended]

3. In Sec. 285.33, paragraph (b) is removed and reserved.

   [FR Doc. 98-17938Filed7-1-98; 3:39 pm]

   BILLING CODE 3510-22-F